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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LOCAL GOVERNMENT AMENDMENT BILL 2011
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 86 amended (Interpretation of Part 9)
6. Section 88A inserted
88A. Capping of rate increases
7. Section 91 amended (Composition of general rate)
8. Section 94 amended (Service charge)
9. Section 107 amended (Variation in rates)
10. Repeal of Act
[Bill 24]-I
2
LOCAL GOVERNMENT AMENDMENT BILL 2011
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.
P. R. ALCOCK, Clerk of the House
19 May 2011
(Brought in by the Minister for Local Government, the
Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Local Government Act 1993
Be it enacted by His 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 Act 2011.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 24] 3
Local Government Amendment Act 2011
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 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after the definition of "rates notice" the
following definition:
"regulations" means the regulations made
under this Act;
5. Section 86 amended (Interpretation of Part 9)
Section 86 of the Principal Act is amended by
omitting paragraph (a) from the definition of
"rate" and substituting the following paragraphs:
(a) for the purposes of section 88A, a charge
made under this Part; and
(ab) for the purposes of Division 9, a charge
made under this Part; and
6. Section 88A inserted
After section 88 of the Principal Act, the
following section is inserted in Division 1:
*No. 95 of 1993
4
Local Government Amendment Act 2011
Act No. of
s. 6
88A. Capping of rate increases
(1) A council, by absolute majority, may, in
making a rate under this Part -
(a) set a maximum percentage
increase in any or all of the rates
payable on any rateable land
within its area; and
(b) declare that a maximum
percentage increase set under
paragraph (a) varies within the
municipal area or within different
parts of the municipal area
according to any or all, or a
combination of any or all, of the
factors specified in section 107.
(2) For the purposes of subsection (1), a
council may -
(a) grant a remission under
section 129; and
(b) fix conditions that are to apply in
order for a ratepayer, or class of
ratepayers, to qualify for a
maximum percentage increase.
(3) Regulations may be made under this Act
in relation to the setting and application
of a maximum percentage increase in a
rate.
5
Local Government Amendment Act 2011
Act No. of
s. 7
7. Section 91 amended (Composition of general rate)
Section 91(2) of the Principal Act is amended by
omitting paragraph (b) and substituting the
following paragraph:
(b) must be calculated so that the total
revenue raised from it does not exceed an
amount equal to 50% of the council's
general rates for the year to which the
fixed charge relates.
8. Section 94 amended (Service charge)
Section 94 of the Principal Act is amended as
follows:
(a) by inserting in subsection (3) ", or a
combination of any or all," after "all";
(b) by inserting the following subsection
after subsection (3):
(3A) In addition to the powers
conferred on a council under
subsection (3), a council may, by
absolute majority, vary a service
charge according to the level of
service provided.
6
Local Government Amendment Act 2011
Act No. of
s. 9
9. Section 107 amended (Variation in rates)
Section 107 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) A council, by absolute majority, may
declare that the general rate, a service
rate or a service charge varies within the
municipal area or within different parts
of the municipal area according to any or
all, or a combination of any or all, of the
following factors:
(a) the use or predominant use of the
land;
(b) the non-use of the land;
(c) the locality of the land;
(d) any planning zone;
(e) any other prescribed factor.
10. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 7