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Information on rates setting for local governments.
Under the Local Government Act 1995 (the Act), the Minister for Local Government is authorised to approve the following in relation to rates:
The Minister for Local Government has endorsed policies that guide the exercise of the power to approve the imposition of rates or guide the power to determine the method of valuation of land.
Application forms are available in the policy documents.
The amount of rates payable is determined by 3 factors: the method of valuing the land; the valuation of the land and improvements; and the rate in the dollar applied to that valuation by the local government.
The Minister for Local Government determines the appropriate method for the valuation of the land according to the relevant legislation and the rating policy on the valuation of land: that is, whether the unimproved value or the gross rental value of the land applies. This is based on the purpose for which the land is held or used.
The Valuer-General values the land in line with the Valuation of Land Act 1978. More information is available in the Valuer-General’s Guide to Rating and Taxing Values.
As part of its budgetary process, a local government will establish its budget deficit and set its rates to cover this shortfall. These will be imposed as a rate in the dollar, which will be applied to the valuation determined by the Valuer-General.
If a local government decides to impose differential general rates (that is, apply different rates according to zoning, land use, whether the land is vacant or a combination of these factors), it must advertise these proposed rates on the official website of the local government and in 3 of the following prescribed ways:
This will occur after 1 May in any year and the local government must provide a minimum of 21 days after the advertisement appears for any elector or ratepayer to make a submission. Submissions must be considered by the council before imposing the proposed rate or minimum payment with or without modification.
The differential rates policy provides guidance on ministerial approval for the imposition of a differential general rate which is more than twice the lowest differential rate.
Included with the policy is an application form that outlines the necessary information and attachments required to enable the Minister to make a decision.
To assist with the requirements of Section 6.36 of the Act, the Rating Policy: Giving Notice has been developed. Local governments are encouraged to review this policy to ensure compliance with the public notice requirements.
The minimum payments policy provides guidance on ministerial approval for the imposition of a minimum payment on vacant land which does not comply with legislative provisions covering the number or percentage of properties affected.
Included with the policy is an application form that outlines the necessary information and attachments required to enable the Minister for Local Government to make a decision.
The valuation of land rating policy provides guidance for the Minister to make a decision on the method of valuation of land for rating purposes.
Included with the policy are 2 application forms that outline the necessary information and attachments required to enable the Minister to make a decision.
The Rating Policy: Valuation of Land — Mining provides information for the minister to determine the method of valuation of land for rating purposes where that land is subject to a mining tenement under the Mining Act 1978 or a permit, drilling reservation, lease or licence held under the Petroleum and Geothermal Energy Resources Act 1967 (known as a 'relevant interest').
The Rateable Land Policy provides guidance underpinning the Ministerial declaration on land exempt from rates. Included with the policy is an application form that outlines the necessary information and attachments required to enable the Minister to make a decision.
The Revestment of Land in the Crown process information provides local governments with the guidance on the process to apply to the Minister for Local Government to have land revested in the Crown if rates for that land have been unpaid for at least three years and the property is rateable land and vacant.
The information sheet is to be read in conjunction with Local Government Operational Guidelines: Number 22 — Possession of Land for Recovery of Rates and Service Changes which addresses the statutory requirements of a revestment.