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CLAUSE NOTES
Local Government Amendment (Rates) Bill 2017
Clause 1: Short title
Clause 1 is a formal provision specifying the title of the proposed Act.
Clause 2: Commencement
Clause 2 is a formal provision specifying that the Bill will commence on the day it receives Royal
Assent.
Clause 3: Principal Act
Clause 3 identifies that the amendments relate to the Local Government Act 1993.
Clause 4: Section 16 amended (Municipal areas)
Clause 4 amends section 16(3) of the Act to include marine structures, such as wharves or
jetties, that are outside a municipal area but adjoin the municipal area.
Clause 4 also amends section 16(3) to provide that municipal area includes marine structures
that are situated partly within a municipal area and partly on or over an area of the seabed
outside a municipal area.
Clause 4 also amends section 16(3) to provide that municipal area includes seabed land, that is
subject to a lease or licence, which allows for the use of an adjoining marine structure, such as a
wharf or jetty.
Clause 5: Section 86 amended (Interpretation of Part 9)
Clause 5 amends section 86 of the Act to insert a definition of ‘relevant right to occupation’.
Clause 6: Section 86AA inserted –Relevant right to occupation
Clause 6 inserts a new section 86AA that defines that a relevant right to occupation means a
relevant lease or a private purposes licence.
Subsection 86AA(2) clarifies that a relevant lease does not include a lease, in relation to a
seabed, that is granted under Part 4 of the Marine Farming Planning Act 1995.
Subsection 86AA(3) provides that a private purposes licence is a licence that confers a right on
the holder to exclude all, but the Crown, from the land and is not a licence primarily for the
benefit of the Crown.
Subsection 86AA(4) clarifies that the right to exclusive occupation determines whether it is a
private purposes licence and not the wording of the licence agreement.
Subsection 86AA(5) provides that a licence for the benefit of the Crown includes those
granted for weed, pest or vegetation management, beautification or another responsibility of
the Crown as prescribed.
Subsection 86AA(5)(b) provides for further licence types to be prescribed at a later date to
exempt a class of licence if required.
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Clause 7: Section 87 amended (Exemption from rates)
Clause 7 amends section 87(1) to clarify that an exemption from non-service rates does not
apply to land where a relevant right to occupation exists.
Subsection 87(1)(ba)(i) provides an exemption from non-service rates to seabed Crown land
that is subject to a lease granted under Part 4 of the Marine Farming Planning Act 1995.
Subsection 87(1)(ba)(ii) provides an exemption from non-service rates to seabed Crown land
that is not subject to a lease or a licence.
Clause 8: Section 120 amended (Liability for rates)
Clause 8 amends section 120 to provide that the holder of a relevant right to occupation over
land is the ratepayer and would be liable for the payment of rates.
Subsection 120(2A) provides that if an occupier of land agrees to be a ratepayer of that land,
that occupier is then liable for the payment of any rates.
Subsection 120(2B) provides that the Crown may agree to be the ratepayer of Crown land
that is subject to a relevant right to occupation.
Subsection 120(2C) provides that if the Crown agrees to be the ratepayer of Crown land that
is subject to a relevant right to occupation, the Crown is liable for any rates payable.
Clause 8 amends section 120(3A) to clarify that the general manager is to be notified if the
holder of a relevant right to occupation is liable for any rates or the Crown has agreed to be
liable for any rates payable.
Clause 9: Section 350B inserted –Validation, &c., of certain rates notices
Clause 9 inserts a new section 350B that validates rates notices issued before the day that the
Bill is introduced to the House of Assembly in relation to land that was held or owned by the
Crown as defined in section 87(1)(b) or any part of land that was not within a municipal area.
Clause 9 does not validate rates notices that have been issued to the Crown for these areas of
land.
Clause 10: Repeal of Act
Clause 10 is a formal provision that repeals this Amendment Act on the 365th day from Royal
Assent from commencement.
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