Local Government Amendment (Rates) Act 2017
An Act to amend the Local Government Act 1993
[Royal Assent 23 June 2017]
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:
This Act may be cited as the Local Government Amendment (Rates) Act 2017 .
This Act commences on the day on which this Act receives the Royal Assent.
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 –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 use of the bridge, jetty, wharf, boat-house, or other structure.(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 –
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 –(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(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 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) :(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) ".
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.(4) Subsection (2) does not affect any order or determination made by a court before this section comes into effect.(5) If –the proceedings, and any proceedings for a review, or appeal, of a decision in relation to the proceedings, are to be dealt with and determined as if subsection (2) has not come into effect.(a) an instrument commencing proceedings in a court has been lodged with the court before the introduction day; and(b) the proceedings relate to a claim that a rates notice was invalid for a reason referred to in subsection (2) –
This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.
[Second reading presentation speech made in:
House of Assembly on 4 APRIL 2017
Legislative Council on 31 MAY 2017]