South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 153

153—Declaration of general rate (including differential general rates)

        (1)         A council may declare—

            (a)         a general rate on all rateable land within its area for a particular financial year; or

            (b)         differential general rates on rateable land within its area for a particular financial year.

        (2)         A council must, in fixing its rates for the purposes of this section, consider issues of consistency and comparability across council areas in the imposition of rates on various sectors of the business and wider community.

        (3)         A council must, in declaring a general rate under this section, determine whether it will fix a maximum increase in the general rate to be charged on any rateable land within its area that constitutes the principal place of residence of a principal ratepayer (and a council is, by force of this subsection, authorised to fix such a maximum).

        (4)         For the purposes of subsection (3)—

            (a)         any maximum increase may be set according to such method as the council thinks fit; and

            (b)         the council may fix conditions that may apply in order for a ratepayer to qualify for the benefit of a maximum increase (including that some or all of any increase in the general rate for particular land is not attributable to a change in the valuation of the land due to development (including by virtue of a change in use) that has been undertaken (or occurred) in relation to the land).

        (5)         A council must not—

            (a)         declare a general rate until after it has adopted its annual business plan and its budget for the financial year to which the rate relates; and

            (b)         except in a case involving extraordinary administrative difficulty, declare a general rate for a particular financial year after 15 August in that financial year.



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