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LOCAL GOVERNMENT ACT 1995 - SECT 6.37

LOCAL GOVERNMENT ACT 1995 - SECT 6.37

6.37 .         Specified area rates

        (1)         A local government may impose a specified area rate on rateable land within a portion of its district for the purpose of meeting the cost of the provision by it of a specific work, service or facility if the local government considers that the ratepayers or residents within that area —

            (a)         have benefited or will benefit from; or

            (b)         have access to or will have access to; or

            (c)         have contributed or will contribute to the need for,

                that work, service or facility.

        (2)         A local government is required to —

            (a)         use the money from a specified area rate for the purpose for which the rate is imposed in the financial year in which the rate is imposed; or

            (b)         to place it in a reserve account established under section 6.11 for that purpose.

        (3)         Where money has been placed in a reserve account under subsection (2)(b), the local government is not to —

            (a)         change the purpose of the reserve account; or

            (b)         use the money in the reserve account for a purpose other than the service for which the specified area rate was imposed,

                and section 6.11(2), (3) and (4) do not apply to such a reserve account.

        (4)         A local government may only use the money raised from a specified area rate —

            (a)         to meet the cost of providing the specific work, service or facility for which the rate was imposed; or

            (b)         to repay money borrowed for anything referred to in paragraph (a) and interest on that money.

        (5)         If a local government receives more money than it requires from a specified area rate on any land or if the money received from the rate is no longer required for the work, service or facility the local government —

            (a)         may, and if so requested by the owner of the land is required to, make a refund to that owner which is proportionate to the contributions received by the local government; or

            (b)         is required to allow a credit of an amount proportionate to the contribution received by the local government in relation to the land on which the rate was imposed against future liabilities for rates or service charges in respect of that land.

        (6)         Where —

            (a)         before the coming into operation of the Local Government Amendment Act 2012 Part 2 Division 5, a specified area rate was imposed, or purportedly imposed, under this section by a local government for the purpose of the provision of underground electricity; and

            (b)         the underground electricity was not, or will not, be provided, or not wholly provided, by the local government,

                the rate is, and is taken always to have been, as validly imposed under this section as it would have been if, at the time of the imposition of the rate, the local government were to provide the underground electricity.

        [Section 6.37 amended: No. 2 of 2012 s. 20.]