Western Australian Consolidated Acts

LAND DRAINAGE ACT 1925 - SECT 85

85 .         Alteration or amendment of rating records

        (1)         The Corporation may from time to time alter or amend any rating records made or to be made by — 

            (a)         inserting therein the name of any person claiming and entitled to have his name therein as owner; or

            (b)         inserting the name of any person who ought to have been rated; or

            (c)         striking out the name of any person who ought not to have been rated; or

            (d)         raising or reducing the sum at which any person has been rated, if it appears to the Corporation that owing to any error in entering the rate in the rating records such person has been underrated or overrated; or

            (e)         including therein any rateable property that has been omitted therefrom; or

            (f)         making any alteration or addition which, in the opinion of the Corporation, is necessary for the purpose of the exercise by the Corporation of the power conferred by section 91 ⁷ or 94; or

            (g)         making such other additions, alterations, or amendments thereto or therein as will make the rating records conformable to any Act for which it is required to be used; or

            (h)         correcting or supplying any accidental error or omission.

        (2)         No such alteration, addition, or amendment shall be held to void the rate.

        [(3)         deleted]

        (4)         The power to alter or amend rating records, as aforesaid, shall extend to the rating records for the current year, and to the rating records for the last preceding 5 years.

        (5)         Every person who, by any such alteration, addition, or amendment has become rated in respect of any rateable property or otherwise affected, shall be entitled to receive notice of such alteration, addition, or amendment, and no proceeding for the recovery of any such rates from any such person shall be taken till after the expiration of one month from the service of such notice.

        (6)         Any person may object to any entry in the rating records as altered or amended, or against any entry added to the rating records, or seek a review of any disallowance, wholly or in part, by the Corporation of an objection, in manner provided in Division 4, and for the purposes of objection every notice given under subsection (5) shall be deemed a notice of assessment.

        [Section 85 amended by No. 76 of 1978 s. 59; No. 25 of 1985 s. 235 and 239; No. 110 of 1985 s. 99 and 100; No. 73 of 1995 s. 78; No. 10 of 1998 s. 41(1); No. 55 of 2004 s. 573.]

[ 86, 87.         Deleted by No. 25 of 1985 s. 240.]

[ 88-93.         Deleted by No. 33 of 1994 s. 5.]