South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LOCAL GOVERNMENT ACT 1999 - SECT 187

187—Certificate of liabilities

        (1)         A council must, on application by or on behalf of a person who has an interest in land within the area, issue to that person a certificate stating—

            (a)         the amount of any liability for rates or charges on the land imposed under this Part or Schedule 1B (including rates and charges under this Part or Schedule 1B that have not yet fallen due for payment, and outstanding interest or fines payable in respect of rates and charges under this Part or Schedule 1B); and

            (b)         any amount received on account of rates or charges on the land imposed under this Part or Schedule 1B that is held in credit against future liabilities for rates or charges in relation to the land.

        (2)         A person has an interest in land for the purposes of this section if and only if that person is—

            (a)         the owner of a registered estate or interest in the land; or

            (b)         an occupier of the land; or

            (c)         a person who has entered or declares to the council that he or she proposes to enter into a contract to purchase the land; or

            (d)         a mortgagee or prospective mortgagee of the land.

        (3)         An application for a certificate under this section—

            (a)         must be in writing; and

            (b)         must identify the land to which the application relates; and

            (c)         must state the nature of the applicant's interest in the land; and

            (d)         should be directed to the chief executive officer of the council; and

            (e)         must be accompanied by the fee fixed under this Act.

        (4)         If a certificate is issued under this section, the council is, as against the person to whom it is issued, estopped from asserting that any liabilities to the council for rates or charges on the land under this Part or Schedule 1B existed, as at the date of the certificate, in respect of the land to which the certificate relates beyond the liabilities disclosed in the certificate.

        (5)         Except as provided by subsection (4), a council incurs no liability in respect of a certificate issued under this section.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback