Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 62

62 .         Rating on unimproved value

        (1)         Where the Valuer-General values the unimproved value of a parcel in a strata plan under the Valuation of Land Act 1978 for rating and taxing purposes, the parcel shall, notwithstanding that or any other Act, be valued as a single parcel of land and as if it were owned by a single owner.

        (2)         For the purposes of any such valuation as is referred to in subsection (1) and all purposes incidental thereto, including objection to and review of the valuation, but not otherwise, the parcel and improvements thereon shall be deemed to be owned by the strata company only.

        (3)         During the period from the registration of the strata/survey-strata plan and until a valuation of the parcel on the basis that the strata company is owner comes into force under the Valuation of Land Act 1978 , the valuation then in force shall for the purposes of this section be deemed to be a valuation of the parcel made by the Valuer-General as if the strata company is owner.

        (4)         Subject to subsection (5), where a local government or other authority (in this section called the rating authority) authorised to make and levy rates on the parcel, uses a valuation of the unimproved value of the parcel made by the Valuer-General on the basis that the strata company is owner, the following provisions have effect —

            (a)         the unimproved value of the parcel shown in the valuation shall be apportioned by the local government or the rating authority, as the case may be, between the lots comprised in the parcel in proportion to the unit entitlements of the respective lots as shown on the registered strata plan;

            (b)         the strata company is not liable in relation to the parcel for any rate made and levied by the local government or the rating authority, as the case may be;

            (c)         the proprietor of each lot comprised in the parcel is deemed to be the owner in fee simple in possession of the lot as if it were a separate parcel of land having a value equal to that apportioned to it under paragraph (a) and is, subject to any exemptions or concessions that may be applicable, liable accordingly for any rate made and levied by the local government or the rating authority, as the case may be, on the owners of land.

        (5)         Where —

            (a)         part only of a lot is liable to any rate, that rate shall be made and levied upon an amount that bears the same proportion to the value of the lot as the rental value of the part so liable bears to the rental value of the lot; and

            (b)         part of a parcel is rateable in respect of water, sewerage or drainage services, then the rateable value of that part shall be the value of the parcel after deducting therefrom the value of any lot assessed and rated separately and in which the water, sewerage or drainage service, as the case may be, is exclusively for the use and benefit of such lot.

        [Section 62 amended: No. 58 of 1995 s. 59 and 95; No. 14 of 1996 s. 4; No. 55 of 2004 s. 1123.]



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