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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LOCAL GOVERNMENT AMENDMENT (RATES)
BILL 2017
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 16 amended (Municipal areas)
5. Section 86 amended (Interpretation of Part 9)
6. Section 86AA inserted
86AA. Relevant right to occupation
7. Section 87 amended (Exemption from rates)
8. Section 120 amended (Liability for rates)
9. Section 350B inserted
350B. Validation of certain rate notices
10. Repeal of Act
[Bill 7]-XI
2
LOCAL GOVERNMENT AMENDMENT (RATES)
BILL 2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
4 April 2017
(Brought in by the Minister for Planning and Local
Government, the Honourable Peter Carl Gutwein)
A BILL FOR
An Act to amend the Local Government Act 1993
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Local Government
Amendment (Rates) Act 2017.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 7] 3
Local Government Amendment (Rates) Act 2017
Act No. of
s. 3
3. Principal Act
In this Act, the Local Government Act 1993* is
referred to as the Principal Act.
4. Section 16 amended (Municipal areas)
Section 16(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b)
"adjoining it." and substituting
"adjoining it; and";
(b) by inserting the following paragraph after
paragraph (b):
(c) any bridge, jetty, wharf, boat-
house, or other structure, that -
(i) adjoins the municipal
area; or
(ii) is situated partly within a
municipal area and partly
on or over an area of the
seabed that is adjacent to
the municipal area -
and any area of land, adjoining
the bridge, jetty, wharf, boat-
house, or other structure, over
which has been granted a right to
occupation of the seabed, which
right is necessary to enable the
*No. 95 of 1993
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Local Government Amendment (Rates) Act 2017
Act No. of
s. 5
use of the bridge, jetty, wharf,
boat-house, or other structure.
5. Section 86 amended (Interpretation of Part 9)
Section 86 of the Principal Act is amended by
inserting after the definition of rating authority
the following definition:
relevant right to occupation - see
section 86AA;
6. Section 86AA inserted
After section 86 of the Principal Act, the
following section is inserted in Division 1:
86AA. Relevant right to occupation
(1) For the purposes of this Part, a relevant
right to occupation means -
(a) a relevant lease; or
(b) a private purposes licence.
(2) For the purposes of this section, a
relevant lease is a lease other than a
lease, in relation to a seabed, that is
granted and in force under Part 4 of the
Marine Farming Planning Act 1995.
(3) For the purposes of this section, a private
purposes licence, in relation to land, is a
licence -
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Local Government Amendment (Rates) Act 2017
Act No. of
s. 6
(a) that confers, either expressly or
by implication, a right on the
holder of the licence to exclude,
from the land, a person other than
the Crown; and
(b) that is not a licence primarily for
the benefit of the Crown.
(4) Without limiting the circumstances in
which a licence is to be taken to confer a
right on the holder of the licence to
exclude, from the land, a person other
than the Crown for the purposes of
subsection (3), a licence may be taken to
confer such a right, despite a term or
condition of the licence which states that
it does not confer an exclusive right to
occupy the land, if, on a proper
construction of the licence, the term or
condition is intended only to ensure that
the Crown may not be excluded from the
land.
(5) For the purposes of subsection (3), a
licence is to be taken to be a licence
primarily for the benefit of the Crown
if -
(a) it is granted for the primary
purpose of assisting the Crown -
(i) to perform its
responsibilities to control
weeds or pests on the land
or other land; or
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Local Government Amendment (Rates) Act 2017
Act No. of
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(ii) to reduce or manage
vegetation so as to reduce
the risk of the spread of
bushfire on the land or
other land; or
(iii) to beautify an area of
land; or
(iv) to carry out another
responsibility of the
Crown that is of a
prescribed type; or
(b) the licence is within a class of
licences that is prescribed for the
purposes of this paragraph.
7. Section 87 amended (Exemption from rates)
Section 87(1) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (b) "is not land
to which a relevant right to occupation
relates and that is land that" after "that";
(b) by inserting the following paragraph after
paragraph (b):
(ba) land, held or owned by the
Crown, that is a seabed -
(i) on land to which relates a
lease granted and in force
under Part 4 of the
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Act No. of
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Marine Farming Planning
Act 1995; or
(ii) on land, if no lease (other
than a lease referred to in
subparagraph (i)), or
licence, has been granted
by the Crown in relation
to the land and is in force;
or
8. Section 120 amended (Liability for rates)
Section 120 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"subsection (2)" and substituting
"subsections (1A) and (2A)";
(b) by inserting the following subsection
after subsection (1):
(1A) Despite subsection (1), but
subject to subsection (2C), the
holder of a relevant right to
occupation in relation to land to
which a subparagraph of
section 87(1)(b) relates is a
ratepayer and is liable for the
payment of rates in relation to
that land.
(c) by inserting the following subsections
after subsection (2):
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(2A) If an occupier of land enters into
an agreement under
subsection (2) to be the ratepayer
in respect of that land for
specified rates, the occupier is a
ratepayer in relation to those rates
and is liable for the payment of
those rates.
(2B) The Crown may enter into a
written agreement with the holder
of a relevant right to occupation,
in relation to land to which a
subparagraph of section 87(1)(b)
relates, for the Crown to be the
ratepayer in respect of that land
for specified rates.
(2C) If the Crown enters into an
agreement under subsection (2B)
for the Crown to be the ratepayer
in respect of land for specified
rates, then, despite
subsection (1A), the Crown is a
ratepayer in relation to those rates
and is liable for the payment of
those rates.
(d) by inserting in subsection (3A) ", or the
holder of a relevant right to occupation,"
after "that land";
(e) by inserting in subsection (3A) "or that
the Crown has entered into an agreement
under subsection (2B), as the case may
be" after "subsection (2)".
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Local Government Amendment (Rates) Act 2017
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9. Section 350B inserted
After section 350A of the Principal Act, the
following section is inserted in Division 3:
350B. Validation of certain rate notices
(1) In this section -
introduction day means the day on
which a bill entitled the Local
Government Amendment (Rates)
Bill 2017 is presented to the
House of Assembly;
rates notice has the same meaning as it
has in Part 9.
(2) A rates notice issued, before the
introduction day, in relation to land, is
not to be taken to be invalid by reason
only that -
(a) all or part of the land was land to
which section 87(1)(b), as in
force immediately before the
introduction day, applied; or
(b) part of the land was not within a
municipal area.
(3) Subsection (2) does not apply in relation
to a rates notice issued to the Crown.
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Act No. of
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10. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 11