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LOCAL GOVERNMENT ACT 1993 - SECT 556
What land is exempt from all rates, other than water supply special rates and sewerage special rates?
556 What land is exempt from all rates, other than water supply special rates
and sewerage special rates?
(1) The following land is exempt from all rates,
other than water supply special rates and sewerage special rates-- (a) land
that is a public place,
(b) land used for a public reserve and vested in the
Crown, a public body or trustees,
(c) land used for a common and vested in
the Crown, a public body or trustees,
(d) land used for a public cemetery and
vested in the Crown, a public body or trustees,
(e) land used solely for a
free public library and vested in the Crown, a public body or trustees,
(f)
land acquired under an environmental planning instrument for the public
purpose specified in the instrument and not leased for private purposes,
(g)
land that is held under a lease from the Crown for private purposes and is the
subject of a mineral claim granted under Division 4 of Part 9 of the
Mining Act 1992 and that the council has declared is not rateable,
(h) land
that belongs to a public benevolent institution or public charity and is used
or occupied by the institution or charity for the purposes of the institution
or charity,
(i) land that belongs to a public hospital,
(j) land that is
vested in the Minister for Health, the Health Administration Corporation or
the New South Wales Health Foundation,
(k) land that is vested in a local
health district constituted under the Health Services Act 1997 ,
(l) land
that is vested in a university, or a university college, and is used or
occupied by the university or college solely for its purposes,
(m) land that
is vested in the Crown or Venues NSW and is described in Schedule 4A, Parts 1,
2 or 3 of the Sporting Venues Authorities Act 2008 and is used or occupied for
the purposes of or in accordance with that Act,
(n) land that is vested in
the Crown or the Zoological Parks Board and is used or occupied by the Board
for its purposes,
(o) land that-- (i) is vested in the mines rescue company,
within the meaning of the Coal Industry Act 2001 , and
(ii) is used for the
purposes of a mine rescue station controlled by that company,
(p) land that
is managed by the Teacher Housing Authority and on which a house is erected,
(q) land that is leased to the Crown for the purpose of cattle dipping,
(r)
land that is specified or described in the regulations as being exempt from
all rates, other than water supply special rates and sewerage special rates,
(s) land that is vested in an Aboriginal Land Council and that is reserved
under Part 4A of the National Parks and Wildlife Act 1974 .
(2) Land that is
a lot in a strata plan registered under the Strata Schemes Development Act
2015 for a leasehold strata scheme is taken, for the purposes of subsection
(1)(h)-(o), to belong to or be vested in the owner (within the meaning of that
Act) of the lot and not the lessor (within the meaning of that Act), unless
the lessor is the owner for the purposes of that Act.
(3) A parcel of
rateable land belonging to a public benevolent institution or public charity
that is partly used or occupied by the institution or charity for its own
purposes, and partly for a purpose that would result in part of the parcel not
being exempt from rates under this section, is to be valued in accordance with
section 28A of the Valuation of Land Act 1916 to enable those rates to be
levied on the part that is not exempt.
(4) Any such valuation is to be made
at the request of the council that proposes to levy rates on the parcel
concerned.
(5) For the avoidance of doubt, sections 7B and 28A of the
Valuation of Land Act 1916 extend to a stratum for the purpose of carrying
out a valuation in accordance with subsection (3) and so extend whether or not
the stratum is a lot in a strata plan that is registered under the
Strata Schemes Development Act 2015 .
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