Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LOCAL GOVERNMENT AMENDMENT BILL
(No. 2) 2011
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 86 amended (Interpretation of Part 9)
5. Sections 86A and 86B inserted
86A. General principles in relation to making or varying
rates
86B. Rating and charging policies to be made available to
public
6. Section 87 amended (Exemption from rates)
7. Section 89A amended (Values under Valuation of Land Act 2001
to be used as basis of rates)
8. Section 89B inserted
89B. Relevant percentages for purposes of minimum
amounts
9. Section 90 amended (General rate)
10. Section 93 amended (Service rate)
11. Section 107 amended (Variation in rates)
12. Section 108 amended (Notification of variation)
13. Part 9, Divisions 6A and 6B inserted
Division 6A - Averaged area rates
109A. Averaged area rates may be made for locality
[Bill 76]-XI
109B. Determination of amount of averaged area rate
109C. Public notice to be given of proposal to obtain
authority to make averaged area rates
109D. Notice of proposal to be given to certain ratepayers
109E. Submissions in respect of proposal
109F. Public meeting in respect of proposal to be held
109G. Applications for certificates
109H. Certificates
Division 6B - Re-making of rates
109I. Interpretation of Division 6B
109J. Rectification orders
109K. Revocation and re-making of rates
109L. Validity of previous rate notices
109M. Re-calculation to be made of amount of rates
109N. Supplementary rates notices
109O. Refund, &c., where substituted rate made
14. Section 110 amended (Record of rates)
15. Section 348 amended (Orders to be Statutory Rules)
16. Section 350A inserted
350A. Validation, &c., of certain rates and charges
17. Schedule 10 inserted
Schedule 10 - Validation
18. Repeal of Act
2
LOCAL GOVERNMENT AMENDMENT BILL
(No. 2) 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
17 November 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 (No. 2) 2011.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 76] 3
Local Government Amendment Bill (No. 2) 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 86 amended (Interpretation of Part 9)
Section 86 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "assessed annual value":
"averaged area rate" means an
averaged area rate made under
section 109A(1);
(b) by inserting the following definitions
after the definition of "capital value":
"category of rateable land" means a
category of rateable land
specified in section 109A(5);
"certificate" means a certificate
issued under section 109H;
(c) by inserting "or an averaged area rate"
after "charge" in paragraph (a) of the
definition of "rate";
(d) by inserting "or an averaged area rate"
after "charge" in paragraph (ab) of the
definition of "rate";
*No. 95 of 1993
4
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 5
(e) by inserting "or an averaged area rate"
after "charge" in paragraph (b)(i) of the
definition of "rate";
(f) by inserting "or an averaged area rate"
after "rates" in the definition of
"ratepayer".
5. Sections 86A and 86B inserted
After section 86 of the Principal Act, the
following sections are inserted in Division 1:
86A. General principles in relation to making or
varying rates
(1) A council, in adopting policies and
making decisions concerning the making
or varying of rates, must take into
account the principles that -
(a) rates constitute taxation for the
purposes of local government,
rather than a fee for a service; and
(b) the value of rateable land is an
indicator of the capacity of the
ratepayer in respect of that land to
pay rates.
(2) Despite subsection (1), the exercise of a
council's powers to make or vary rates
cannot be challenged on the grounds that
the principles referred to in that
subsection have not been taken into
account by the council.
5
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 5
86B. Rating and charging policies to be made
available to public
(1) A council must adopt a rates and charges
policy by 31 August 2012.
(2) A council's rates and charges policy
must contain -
(a) a statement of the policy that the
council intends to apply in
exercising its powers, or
performing its functions, under
this Part; and
(b) a statement of policy in respect of
prescribed matters, if any.
(3) A council's rates and charges policy in
relation to the making or varying of a
rate must take into account the principles
referred to in section 86A(1).
(4) A council must review its rates and
charges policy -
(a) by the end of each successive 4-
year period after 31 August 2012;
and
(b) at the same time as, or before,
making a type of rate, charge or
averaged area rate in respect of a
financial year, if a rate, charge or
averaged area rate of that type
was not made in respect of the
previous financial year; and
6
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 5
(c) at the same time as, or before,
making under section 107 a
variation of a rate or charge in
respect of a financial year, if such
a variation of that rate or charge
was not made in respect of the
previous financial year; and
(d) at the same time as, or before,
setting a minimum amount under
this Part; and
(e) at the same time as, or before,
altering the circumstances in
which a rate, charge or averaged
area rate, or a variation of a rate
or charge, is to apply to rateable
land.
(5) A council, as soon as reasonably
practicable after adopting or altering its
rates and charges policy, must make
copies of the policy as so adopted or
altered available to the public -
(a) in paper form, on payment of a
reasonable charge; and
(b) in electronic form, at a website of
the council, free of charge.
(6) A rate, averaged area rate or charge is not
invalid by reason only that it does not
conform to the council's rates and
charges policy.
7
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 6
6. Section 87 amended (Exemption from rates)
Section 87 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ",
averaged area rates," after "rates";
(b) by inserting in subsection (2) "or an
averaged area rate" after "rates";
(c) by inserting in subsection (3) "or
averaged area rates" after "rates".
7. Section 89A amended (Values under Valuation of
Land Act 2001 to be used as basis of rates)
Section 89A(4A) of the Principal Act is
amended by inserting ", averaged area rates"
after "rates".
8. Section 89B inserted
After section 89A of the Principal Act, the
following section is inserted in Division 1:
89B. Relevant percentages for purposes of
minimum amounts
(1) For the purposes of section 90(5)(a) and
section 107(2B)(a), the relevant
percentage in respect of a council for the
2012-2013 financial year is -
(a) 50%; or
8
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 8
(b) another higher percentage for that
financial year that has been
determined, in an order under
subsection (8) in respect of the
council, for the purposes of that
provision.
(2) For the purposes of section 90(5)(b) and
section 107(2B)(b), the relevant
percentage in respect of a council for a
financial year to which those provisions
apply is -
(a) 35%; or
(b) another higher percentage for that
financial year that has been
determined, in an order under
subsection (8) in respect of the
council, for the purposes of that
provision.
(3) A council may apply to the Minister for
the issue under subsection (8) of an order
in relation to the council.
(4) An application under subsection (3) by a
council for an order is to specify -
(a) the financial year, or financial
years, in respect of which the
order is sought; and
(b) the provision or provisions,
referred to in subsection (1) or
(2), in respect of which the order
is sought; and
9
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 8
(c) the percentage amount that the
council is of the opinion ought to
be determined in respect of a
financial year, and a provision, in
respect of which the order is
sought; and
(d) information as to why the council
is of the opinion that the grounds,
specified in subsection (7), for the
Minister to make the order are
satisfied.
(5) The Minister may request the council to
provide to the Minister the further
information, in relation to an application
by the council under subsection (3), that
the Minister requests.
(6) The Minister may, after receiving an
application under subsection (3) from a
council -
(a) make an order under
subsection (8) in relation to the
application; or
(b) refuse to make an order under
subsection (8) in relation to the
application.
(7) The Minister may only make an order
under subsection (8) in relation to an
application from a council if he or she is
satisfied that it is desirable to do so to
ensure that there will not be an
unreasonably sudden and significant
10
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 8
increase in the amount of rates payable
by some ratepayers in the municipal area
of the council.
(8) The Minister, by order, may determine
that, for the purposes of a provision
referred to in subsection (1) or (2) the
relevant percentage in respect of a
council is, for a financial year, the
percentage specified, in the order, in
respect of the financial year.
(9) An order under subsection (8) may -
(a) apply to one or more provisions
referred to in subsection (1) or
(2); and
(b) apply to one or more financial
years; and
(c) specify the same, or different,
relevant percentages for different
financial years; and
(d) specify, for the purposes of a
provision specified in the order, a
percentage that is higher than the
percentage specified in
subsection (1)(a) or
subsection (2)(a).
11
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 9
9. Section 90 amended (General rate)
Section 90 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) A minimum amount payable in respect of
a general rate may not be set by a council
under subsection (4) if the minimum
amount would -
(a) in respect of the 2012-2013
financial year, apply to more than
the relevant percentage in respect
of the council, as determined
under section 89B for that
financial year, of the number of
areas of land that is rateable land
to which no variation under
section 107 of the general rate
applies; or
(b) in respect of any other financial
year, apply to more than the
relevant percentage in respect of
the council, as determined under
section 89B for that financial
year, of the number of areas of
land that is rateable land to which
no variation under section 107 of
the general rate applies.
12
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 10
10. Section 93 amended (Service rate)
Section 93 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) For the purpose of this Part, establishing,
managing, providing or rehabilitating
waste management facilities is to be
taken to be part of -
(a) a waste management service; and
(b) the supplying, or making
available, of waste management
services to land.
11. Section 107 amended (Variation in rates)
Section 107 of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(2A) If a general rate is varied under
subsection (1) according to a factor, the
council may, if the general rate does not
include a fixed charge, set a minimum
amount payable in respect of that rate as
varied in accordance with that factor.
(2B) A council may not set under
subsection (2A) a minimum amount
payable in respect of a general rate varied
under subsection (1) in accordance with a
factor if the minimum amount would -
13
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 12
(a) in respect of the 2012-2013
financial year, apply to more than
the relevant percentage in respect
of the council, as determined
under section 89B for that
financial year, of the number of
areas of land that is rateable land
to which that factor relates; or
(b) in respect of any other financial
year, apply to more than the
relevant percentage in respect of
the council, as determined under
section 89B for that financial
year, of the number of areas of
land that is rateable land to which
that factor relates.
(2C) If a minimum amount payable in respect
of a general rate is set under
subsection (2A) and that minimum
amount applies in relation to rateable
land, a minimum amount, if any, set
under section 90(4) in respect of the
general rate does not apply in relation to
the rateable land.
12. Section 108 amended (Notification of variation)
Section 108 of the Principal Act is amended by
inserting after paragraph (b) the following
paragraph:
14
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
(ba) of the minimum amount, if any, set under
section 107(2A) in relation to the
variation; and
13. Part 9, Divisions 6A and 6B inserted
After section 109 of the Principal Act, the
following Divisions are inserted in Part 9:
Division 6A - Averaged area rates
109A. Averaged area rates may be made for
locality
(1) A council, on the same day as the day on
which it makes a general rate in respect
of a financial year, may make, in respect
of the financial year, an averaged area
rate.
(2) An averaged area rate is to apply to a
category of rateable land in a locality
within the municipal area of the council.
(3) A council may only make under
subsection (1) in respect of a financial
year an averaged area rate that applies to
a category of rateable land in a locality if
authorised by a certificate to do so.
(4) A council may make under
subsection (1) an averaged area rate that
applies to a category of rateable land in a
locality whether or not the council
15
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
provides any services in respect of land
in the locality.
(5) The categories of rateable land are the
following:
(a) rateable land that is used, or
predominantly used, for
residential purposes;
(b) rateable land that is -
(i) used, or predominantly
used, for residential
purposes; and
(ii) of a value that is within a
range of values of land;
(c) rateable land that may be
classified as both -
(i) being used, or
predominantly used, for
residential purposes; and
(ii) non-use land.
(6) The general rate in respect of a financial
year is not payable in relation to rateable
land, in a locality, in relation to which an
averaged area rate is payable in respect
of that financial year.
16
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
109B. Determination of amount of averaged area
rate
(1) In this section -
"applicable area of land", in relation
to an averaged area rate, means
an area of land that is rateable
land in a locality and that is
within the category of rateable
land, in the locality, to which the
rate applies.
(2) The amount of an averaged area rate
must be expressed in dollars or in dollars
and cents.
(3) The amount of an averaged area rate
must be the amount obtained by dividing,
by the number of applicable areas of
land, the sum of all the relevant amounts
in relation to the applicable areas of land.
(4) For the purposes of subsection (3), the
relevant amount in relation to an
applicable area of land is the amount of
the general rate that would be payable in
respect of the land if the general rate
applied in respect of the land for the
financial year for which the averaged
area rate is to apply.
(5) For the purposes of subsection (4), the
calculation, in relation to an applicable
area of land, of the general rate payable
in relation to land for the financial year
in respect of which the averaged area rate
17
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
is to apply must be made on the basis of
the valuation that had effect in relation to
the land immediately before that
averaged area rate is made.
(6) For the purposes of subsection (5), a
supplementary valuation, of an area of
land, that is made after the averaged area
rate is made is not to be taken under
section 89A to have effect in relation to
the land immediately before that
averaged area rate is made.
(7) The same category of value of land as the
general rate is based on under
section 90(3) in respect of a financial
year must be used in determining -
(a) the relevant amount for the
financial year in respect of an
applicable area of land; and
(b) whether the value of an
applicable area of land is within a
range of values of land.
109C. Public notice to be given of proposal to
obtain authority to make averaged area
rates
(1) The general manager of a council that
proposes to apply for a certificate is to
ensure that a notice of the proposal is
published in a daily newspaper
18
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
circulating in the council's municipal
area.
(2) A notice for the purposes of
subsection (1) is to -
(a) specify that it is proposed to
apply for a certificate authorising
the making, in respect of each
financial year, of an averaged
area rate that is to apply in
respect of that financial year to a
category of rateable land in a
locality within the municipal area
of the council; and
(b) specify the locality to which the
proposal relates; and
(c) specify the category of rateable
land to which the proposal
relates, including, if the category
is referred to in
section 109A(5)(b), the range of
values of land within the
category; and
(d) specify the reasons why the
council intends to impose on a
ratepayer a rate that is based on
an averaging of the value of all
rateable land to which the rate is
to apply rather than a rate based
on the value of the ratepayer's
land; and
19
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
(e) include a statement as to how the
amount of an averaged area rate
is calculated; and
(f) invite interested persons to make,
within 21 days from the date on
which the notice is published,
written submissions in respect of
the proposal; and
(g) invite interested persons to
attend, on the date, and at a place,
specified in the notice, a public
meeting, in relation to the
proposal, that is to be held in
accordance with section 109F.
(3) A date that is specified in a notice in
relation to a proposal in accordance with
subsection (2)(g) is to be at least 21 days
after -
(a) the issue of the notice; and
(b) the giving of notice under
section 109D in relation to the
proposal.
(4) The general manager of the council is to
ensure that -
(a) a copy of a notice published
under subsection (1) is available
for inspection, without charge,
and for purchase, for a reasonable
charge, at the offices of the
council; and
20
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
(b) a copy of the notice may be
viewed at a website of the
council -
on and from the date on which the notice
is published, for a period of at least 12
months from that date.
109D. Notice of proposal to be given to certain
ratepayers
(1) The general manager of a council that
proposes to apply for a certificate in
relation to a locality is to ensure that a
notice of the proposal is issued to each
relevant ratepayer.
(2) For the purposes of subsection (1), a
relevant ratepayer is a ratepayer in
respect of rateable land in relation to
which, in the opinion of the general
manager of the council, the averaged area
rate to which the proposal to apply for a
certificate relates would apply if the rate
were made in accordance with the
proposal.
(3) For the purposes of subsection (1), a
notice, issued to a relevant ratepayer in
respect of rateable land, in relation to a
proposal to apply for a certificate -
(a) is to contain, in relation to the
proposal, the matters a notice in
21
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
accordance with section 109C(2)
is required to contain; and
(b) is to contain the additional
calculations in respect of the
rateable land.
(4) For the purposes of subsection (3)(b), the
additional calculations in respect of the
rateable land are -
(a) the amount of the general rate
that the relevant ratepayer in
respect of the land was, in respect
of the relevant financial year,
liable to pay in relation to the
land; and
(b) the amount of the averaged area
rate that the relevant ratepayer
would have been liable to pay, in
respect of the relevant financial
year, if the averaged area rate to
which the proposal relates had
applied in respect of the rateable
land for the relevant financial
year.
(5) A reference in subsection (4) to the
relevant financial year is a reference to
the financial year in which the notice,
containing the additional calculations
referred to in that subsection, is issued to
a ratepayer under subsection (1).
(6) Brighton Council, George Town Council
and Glamorgan-Spring Bay Council are
22
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
exempted from the application of
subsection (3)(b) in relation to a proposal
to apply for a certificate, if the certificate
would authorise the making of an
averaged area rate in respect of the 2012-
2013 financial year.
109E. Submissions in respect of proposal
(1) A person may make a written submission
to a council in relation to a proposal by
the council to obtain a certificate.
(2) A submission may only be made under
subsection (1) in relation to a proposal
within 21 days after the publication of
the notice in relation to the proposal in
accordance with section 109C.
(3) The general manager of a council that
has published a notice in relation to a
proposal in accordance with
section 109C is to ensure that a
document, summarising each submission
made under subsection (1) in relation to
the proposal, is prepared and copies of
the document are made available -
(a) to persons attending the meeting,
in relation to the proposal, that is
held in accordance with
section 109F; and
(b) for inspection, without charge,
and for purchase, for a reasonable
23
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
charge, at the offices of the
council as soon as practicable
after the day on which the
document is prepared, for a
period of at least 3 months from
that day; and
(c) for viewing at a website of the
council as soon as practicable
after the day on which the
document is prepared, for a
period of at least 3 months from
that day.
109F. Public meeting in respect of proposal to be
held
(1) A council that has published in
accordance with section 109C a notice in
relation to a proposal to obtain a
certificate must hold a public meeting in
relation to the proposal.
(2) The public meeting in relation to a
proposal to obtain a certificate is to be
held on the date, and at the place, that are
specified, in accordance with
section 109C(2)(g), in the notice.
(3) After a public meeting is held in
accordance with this section in relation to
a proposal by a council to obtain a
certificate, a record of -
24
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
(a) the document prepared in
accordance with section 109E(3)
in relation to the proposal; and
(b) any relevant issues raised at the
public meeting -
is to be contained in the minutes of the
next ordinary meeting of the council.
109G. Applications for certificates
(1) A council may apply to the Director for
the issue of a certificate.
(2) An application under subsection (1) by a
council is to specify -
(a) the locality, in the municipal area
of the council, to which the
application relates; and
(b) the category of rateable land to
which the application relates,
including, if the category is
referred to in section 109A(5)(b),
the range of values of land within
the category.
(3) A council must consider the record,
referred to in section 109F(3), in relation
to a proposal to apply for a certificate,
before deciding -
(a) whether or not to apply for the
certificate; and
25
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
(b) the area that is to comprise the
locality for the purposes of the
application; and
(c) if the proposal relates to a
category of rateable land referred
to in section 109A(5)(b), the
range of values of land to which
the application relates.
109H. Certificates
(1) The Director, after receiving an
application from a council under
section 109G, may determine the
application by -
(a) issuing a certificate to the
council; or
(b) refusing to issue a certificate to
the council.
(2) The Director may require a council to
provide further information in relation to
an application from the council under
section 109G.
(3) The Director is to make a determination
under subsection (1) in relation to an
application under section 109G -
(a) within 21 days of receiving the
application; or
26
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
(b) if the Director has required the
council to provide further
information under subsection (2),
within 21 days of receiving the
further information.
(4) A certificate is to specify -
(a) the council to which the
certificate is issued; and
(b) the locality to which the
certificate relates; and
(c) the category of rateable land to
which the certificate relates,
including, if the category is
referred to in section 109A(5)(b),
the range of values of land that is
within the category; and
(d) that the council is authorised to
make, in respect of each financial
year, an averaged area rate that is
to apply, in respect of that
financial year, to the category of
rateable land in the locality.
(5) The Director may only issue a certificate
in relation to a category of rateable land
in a locality if the Director is satisfied
that the requirements of sections 109C,
109D, 109E and 109F have been
substantially complied with in respect of
a proposal to apply for a certificate in
relation to that category of rateable land
in that locality.
27
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
(6) The Director may be satisfied that
sections 109C, 109D, 109E and 109F
have been substantially complied with in
respect of a proposal to apply for a
certificate in relation to a category of
rateable land in a locality, and issue a
certificate accordingly, even though -
(a) the locality specified in the
certificate is not the same as the
locality to which the proposal
relates, if the locality is
substantially the same as, or
within the area of land contained
in, the locality to which the
proposal relates; and
(b) where the category is referred to
in section 109A(5)(b), the range
of values of land that is within the
category specified in the
certificate is not the same as the
range of values of land to which
the proposal relates, if, in the
opinion of the Director, the range
of values of land is not
substantially wider or narrower.
(7) A certificate authorises the council to
which it is issued to make, in respect of
each financial year, an averaged area rate
that is to apply, in respect of that
financial year, to the category of rateable
land, specified in the certificate in
accordance with subsection (4)(c), in the
locality specified in the certificate.
28
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
(8) A certificate for a locality ceases to
authorise the council to which it is issued
to make an averaged area rate that is to
apply to a category of rateable land in a
locality if an averaged area rate is not, for
any financial year after the certificate is
issued, made in respect of the category of
rateable land in the locality.
Division 6B - Re-making of rates
109I. Interpretation of Division 6B
(1) In this Division -
"previous rate", in relation to a
substituted rate, means a rate that
is revoked in accordance with
section 109K(1)(a) and replaced
by the substituted rate;
"rate" means a general rate, separate
rate, construction and service
rate, each within the meaning of
section 86, and includes -
(a) a charge, or an averaged
area rate, made under this
Part; and
(b) a variation of a rate or
charge under this Part;
and
(c) a minimum amount
payable under this Part;
29
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
"rectification order" means a
rectification order made under
section 109J(3)(a);
"substituted rate" means a rate that is
made under this Part, in
accordance with
section 109K(1)(b), for the
purposes of replacing a previous
rate.
(2) In this Division, a reference to the
making, or purported making, of a rate
includes a reference to the making, or
purported making, of a variation of a rate
and the setting, or purported setting, of a
minimum amount payable under this
Part.
109J. Rectification orders
(1) A council may apply in writing to the
Minister for a rectification order to be
made in respect of a rate made, or
purportedly made, by the council under
this Part.
(2) The Minister may require a council to
provide information so as to enable the
Minister to consider an application made
by the council under subsection (1).
(3) The Minister, after receiving from a
council an application under
subsection (1) in respect of a rate made,
30
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
or purportedly made, by the council
under this Part, may -
(a) make a rectification order in
respect of the rate; or
(b) by notice in writing to the
council, refuse to make a
rectification order in respect of
the rate.
(4) The Minister may only make a
rectification order in respect of a rate
made, or purportedly made, under this
Part if the Minister is satisfied -
(a) that an amount, a method, a
description, or another factor, that
was included in the resolution by
which the rate was made was
included in the resolution by
error; or
(b) that the rate may be invalid
because the rate, or the making of
the rate, is not in accordance with
one or more provisions of this
Act.
(5) The Minister may make a rectification
order in respect of a rate made, or
purportedly made, under this Part even if
legal proceedings have been commenced
or determined in relation to the validity
of the rate.
(6) A rectification order -
31
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
(a) must identify the rate to which
the order relates; and
(b) must state that the council that
made, or purportedly made, the
rate is authorised by the Minister
to make, within the period
specified in the order, another
rate for the purposes of replacing
that rate; and
(c) may require the relevant council
to give notice, of the kind and in
the manner specified in the order,
of the making of the order.
109K. Revocation and re-making of rates
(1) If the Minister makes a rectification
order in relation to a rate made, or
purportedly made, under this Part, the
council -
(a) by simple majority, may revoke
the rate; and
(b) may make under the relevant
provision of this Part a rate for
the purposes of replacing the rate
that is revoked.
(2) The council may make a rate in
accordance with subsection (1) even
though a period, if any, within which
32
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
such a rate may be made under this Part
has expired.
(3) A rate may be made for the purposes of
replacing a rate that is revoked even
though the rate is not the same type of
rate as the rate that has been revoked.
(4) Nothing in this section is to be taken to
prevent the making of a rate, in
substitution for another rate, before the
expiration of a period, if any, within
which such a rate may be made under
this Part.
109L. Validity of previous rate notices
(1) A rates notice that imposes on a
ratepayer a liability to pay an amount in
respect of a previous rate is, if a
substituted rate is made for the purposes
of replacing the previous rate, taken to
be, and to always have been, validly
issued, whether or not the previous rate
was validly made.
(2) Subsection (1) does not apply to a rates
notice that is invalid for reasons other
than because the making of a rate to
which the notice relates was invalid.
33
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
109M. Re-calculation to be made of amount of rates
The general manager of a council that
has made a substituted rate in respect of a
financial year is to calculate, in relation
to an area of land that is rateable land to
which the substituted rate is to apply, the
difference between -
(a) the amount of all rates for the
financial year payable by the
ratepayer in respect of the area of
land, as contained in a rates
notice sent to the ratepayer in
accordance with section 122; and
(b) the amount of all rates, for the
financial year, that would have
been payable by the ratepayer in
respect of the area of land if the
rates notice had contained,
instead of the amount calculated
in accordance with the previous
rate, an amount calculated in
accordance with the substituted
rate.
109N. Supplementary rates notices
(1) The general manager of a council in
respect of a municipal area may send, to
a ratepayer in respect of rateable land in
the municipal area, a supplementary rates
notice.
34
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 13
(2) For the purposes of this section, a
supplementary rates notice is a notice
imposing on a ratepayer a liability to pay
an amount specified in the notice.
(3) An amount specified in a supplementary
rates notice sent to a ratepayer in relation
to an area of land is to be the amount, if
any, by which the amount of rates,
referred to in section 109M(b), in relation
to the land is greater than the amount of
rates, referred to in section 109M(a), in
relation to the land.
(4) A supplementary rates notice is to state,
in relation to the amount specified in the
notice, the information specified in
section 122(1) as required to be stated, in
relation to all rates, in a rates notice.
(5) For the purposes of this Part, a
supplementary rates notice sent under
subsection (1) is to be taken to be a rates
notice sent under section 122(1).
109O. Refund, &c., where substituted rate made
(1) This section applies to a ratepayer in
respect of rateable land if there is an
overcharged amount in respect of the
land.
(2) An overcharged amount in respect of
land is the amount by which the amount
of rates, referred to in section 109M(b),
35
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 14
in relation to the land is less than the
amount of rates, referred to in
section 109M(a), in relation to the land.
(3) If this section applies to a ratepayer in
respect of land in a municipal area, the
general manager of the council for the
municipal area must send to a ratepayer a
notice (a "notice of overcharging") in
respect of the overcharged amount.
(4) A notice of overcharging is to specify the
amount of the overcharged amount and
why the amount is an overcharged
amount.
(5) Despite section 109L, a ratepayer in
respect of rateable land to which an
overcharged amount relates is not liable
to pay the overcharged amount to the
council.
(6) The general manager of a council is to
refund or give credit for so much of an
overcharged amount as a ratepayer has
paid to the council.
14. Section 110 amended (Record of rates)
Section 110(1) of the Principal Act is amended
as follows:
(a) by inserting `(the "rate records")' after
"records";
36
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 15
(b) by inserting in paragraph (b) ", if any,"
after "rate";
(c) by inserting the following paragraph after
paragraph (b):
(ba) if an averaged area rate applies in
relation to the land, that averaged
area rate;
15. Section 348 amended (Orders to be Statutory Rules)
Section 348 of the Principal Act is amended by
inserting ", including a rectification order made
under section 109J," after "this Act".
16. Section 350A inserted
After section 350 of the Principal Act, the
following section is inserted in Division 3:
350A. Validation, &c., of certain rates and charges
Schedule 10 has effect.
17. Schedule 10 inserted
After Schedule 9 to the Principal Act, the
following Schedule is inserted:
37
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 17
SCHEDULE 10 - VALIDATION
Section 350A
1. Interpretation of Schedule 10
In this Schedule -
"charge" means a charge made under
Part 9;
"introduction day" means the day on
which a bill entitled the Local
Government Amendment Bill
(No.2) 2011 is presented to the
House of Assembly;
"rate" means a general rate, a separate
rate, a construction rate, or a
service rate, each within the
meaning of Part 9;
"rates notice" has the same meaning
as it has in Part 9.
2. Validation of certain rates and charges
(1) A rate or charge made, or purportedly
made, under Part 9 on a day ("the
relevant day") before the introduction
day is to be taken to have been validly
made on the relevant day, and to have
always been validly made on the relevant
day, under this Act.
38
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 17
(2) A variation, of a rate or charge, made, or
purportedly made, under section 94(3),
section 94(3A), section 106A(1) or
section 107 on a day ("the relevant
day") before the introduction day is to be
taken to have been validly made on the
relevant day, and to have always been
validly made on the relevant day, under
this Act.
(3) A minimum amount payable set, or
purportedly set, under section 90(4),
section 93(3) or section 107 on a day
("the relevant day") before the
introduction day is to be taken to have
been validly set on the relevant day, and
to have always been validly set on the
relevant day, under this Act.
(4) If, on a day ("the relevant day") before
the introduction day, a council purported
to vary under section 107 a minimum
amount payable set, or purportedly set,
under section 90(4), section 93(3) or
section 107, the minimum amount as so
varied is to be taken to have been validly
set on the relevant day and to have
always been validly set on the relevant
day.
3. Effect of validation on current proceedings,
&c.
(1) In this clause, a reference to the relevant
proceedings, in relation to a council, is a
39
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 17
reference to proceedings, in a court,
relating to a decision of the council, if -
(a) the proceedings include or
involve a relevant claim; and
(b) an instrument commencing the
proceedings in the court has been
lodged with the court before the
introduction day -
whether or not the proceedings have been
determined by the court.
(2) A relevant claim is a claim to the effect
that -
(a) a rate or a charge made, or
purportedly made, under Part 9
was invalidly made or the making
of it was attended by legal error
or in any event was unauthorised
by law; or
(b) a variation, of a rate or charge,
made, or purportedly made, under
section 94(3), section 94(3A),
section 106A(1) or section 107,
was invalidly made or the making
of it was attended by legal error
or in any event was unauthorised
by law; or
(c) a minimum amount payable set,
or purportedly set, under
section 90(4), section 93(3) or
section 107 was invalidly set or
40
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 17
the setting of it was attended by
legal error or in any event was
unauthorised by law; or
(d) a variation made, or purportedly
made, under section 107, of a
minimum amount payable set, or
purportedly set, under
section 90(4), section 93(3) or
section 107, was invalidly made
or the making of it was attended
by legal error or in any event was
unauthorised by law.
(3) Clause 2 does not affect any order or
determination made by a court before
that clause comes into effect.
(4) If relevant proceedings in relation to a
council are not finally determined before
clause 2 comes into effect, the
proceedings, and any proceedings for a
review, or appeal, of a decision in
relation to such proceedings, are to be
dealt with and determined as if that
clause had not come into effect.
(5) A council may not, after this subclause
comes into effect, issue, in relation to the
particular rateable land to which relevant
proceedings relate, a rates notice in
relation to a rate or charge in respect of
the 2011-2012 financial year, or any
preceding financial year, if the rate or
charge could not, but for clause 2, be
imposed in respect of the rateable land.
41
Local Government Amendment Bill (No. 2) 2011
Act No. of
s. 18
18. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
42 Government Printer, Tasmania