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LOCAL GOVERNMENT ACT 1995 - SECT 4.31

LOCAL GOVERNMENT ACT 1995 - SECT 4.31

4.31 .         Rateable property: ownership and occupation

        (1)         For the purposes of this Division, subsections (1A) to (1H) apply in relation to rateable property and its ownership and occupation.

        (1A)         Section 4.30 applies even if part of the rateable property is situated in another district.

        (1B)         If an enrolment eligibility claim is made in respect of rateable property situated partly in one ward and partly in another ward or wards, it is to be regarded for the purposes of that claim as being in —

            (a)         the ward nominated by the owner or occupier making the claim; or

            (b)         if no nomination is made, the ward determined by the CEO.

        (1C)         A person occupies rateable property if, and only if, the person has a right of continuous occupation under a lease, tenancy agreement or other legal instrument.

        (1CA)         Regulations may provide that, despite subsection (1C), a person is not to be regarded as occupying rateable property unless prescribed requirements (in addition to the requirement of subsection (1C)) are met.

        (1CB)         The requirements that may be prescribed for the purposes of subsection (1CA) include (without limitation) the following —

            (a)         requirements relating to whether any person is enrolled, or is regarded under section 4.29(2) as being enrolled, as an elector for the Legislative Assembly in respect of a residence that is the rateable property;

            (b)         other requirements relating to the current, past or future ownership, occupation or use of the rateable property.

        (1D)         A reference to the occupation of rateable property includes a reference to the occupation of —

            (a)         a separate building or portion of a building on the rateable property; or

            (b)         some other separate and distinguishable portion of the rateable property.

        (1E)         If more than 2 people own rateable property in conjunction with each other, the owners are whichever 2 of those people who, being eligible under section 4.30(1)(a), are nominated as owners by all or a majority of those people.

        (1F)         If more than 2 people occupy rateable property in conjunction with each other, the occupiers are whichever 2 of those people who, being eligible under section 4.30(1)(a), are nominated as occupiers by all or a majority of those people.

        (1G)         If a body corporate owns or occupies rateable property, the owners or occupiers are 2 people who, being eligible under section 4.30(1)(a), are nominated as owners or occupiers by the body corporate.

        (1H)         A nomination under subsection (1E), (1F) or (1G) applies in respect of any and all other rateable property in the district that is owned or occupied by the people or body corporate concerned.

        (2)         Regulations may include provisions about how nominations under subsections (1) to (1H) are made and how long they remain in effect.

        [Section 4.31 amended: No. 19 of 2010 s. 51; No. 11 of 2023 s. 29.]