New South Wales Consolidated Acts

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Rate may be the same or different within a category

529 Rate may be the same or different within a category

(1) Before making an ordinary rate, a council may determine a sub-category or sub-categories for one or more categories of rateable land in its area.
(2) A sub-category may be determined as follows--
(a) for the category "farmland"--according to--
(i) the location of the land, or
(ii) the intensity of land use, or
(iii) the irrigability of the land, or
(iv) economic factors affecting the land,
(b) for the category "residential"--according to--
(i) whether the land is rural residential land, or
(ii) whether the land is in a centre of population, or
(iii) whether the land is in a residential area or in part of a residential area,
(c) for the category "mining"--according to the kind of mining involved,
(d) for the category "business"--according to a centre of activity.
(2A) A sub-category may be determined for subsection (2)(b)(iii) only if the council is satisfied on reasonable grounds that it is necessary to identify residential areas because of significant differences between the areas in relation to access to or demand for, or the cost of providing, services or infrastructure.
(2B) A sub-category must be identified by reference to geographical names or another way prescribed by the regulations for the sub-category if--
(a) the sub-category is identified by reference to the location of the land, or
(b) the sub-category is identified by reference to the factor mentioned in subsection (2)(b)(iii).
(3) The ad valorem amount (the amount in the dollar) of the ordinary rate may be the same for all land within a category or it may be different for different sub-categories.
(4) Land may be taken to be irrigable for the purposes of subsection (2)(a) if, and only if, it is the subject of a water right within the meaning of the Valuation of Land Act 1916 .
(5) The regulations may make provision for or with respect to the following--
(a) the factors that may or may not be taken into account in determining a sub-category for a category of land for which a sub-category may be determined,
(b) public consultation requirements to be followed by councils in determining a sub-category, including by applying, with or without modification, provisions of the Act, the regulations or guidelines concerning the preparation, exhibition and publication of strategic council planning documents.
(6) In this section--

"geographical name" has the same meaning as in the Geographical Names Act 1966 .

"regulatory restrictions" mean restrictions imposed by an Act, environmental planning instrument, conservation agreement, or in some other way, specified by the regulations.

"strategic council planning document" means a community strategic plan, resourcing strategy, delivery program or operational plan mentioned in Chapter 13, Part 2.

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