Local Land Services Regulation 2014

This Regulation is the Local Land Services Regulation 2014.

This Regulation commences on 1 January 2014.

In this Regulation—

district has the meaning it had in the repealed Act immediately before its repeal on 1 January 2014.

intensive livestock production means the keeping or nurturing of stock for commercial purposes wholly or substantially by routinely feeding them prepared or manufactured feed (except temporary feeding during, and as a result of, drought, fire, flood or similar emergency).

notional carrying capacity, in relation to land, means the number of stock that Local Land Services has assessed in accordance with Division 4 of Part 2 could be maintained on the land.

occupier of land means the person entitled to immediate possession of the land but, if the person so entitled does not reside on the land, does not include the resident manager or other person in charge of the land.

repealed Act means the Rural Lands Protection Act 1998.

required travelling rate means the rate of travel required by clause 74 (1).

small stock means stock other than large stock.

Note.

Large stock is defined in the Dictionary to the Act.

stock warning sign has the same meaning as it has in Part 5.

the Act means the Local Land Services Act 2013.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Stock units For the purposes of this Regulation (other than clause 17 (Assessment of notional carrying capacity))—

a sheep that is at least 6 months old represents 1 stock unit, and

a goat that is at least 6 months old represents 1 stock unit, and

a deer that is at least 6 months old represents 1 stock unit, and

a bull, cow, ox, heifer, steer, calf or buffalo that is at least 6 months old represents 10 stock units, and

a horse that is at least 6 months old represents 10 stock units, and

a camel that is at least 6 months old represents 10 stock units, and

an alpaca that is at least 6 months old represents 1 stock unit, and

a llama that is at least 6 months old represents 1 stock unit, and

a pig of any age represents 1 stock unit, and

an ostrich that is at least 6 months old represents 1 stock unit, and

an emu that is at least 6 months old represents 1 stock unit.

Treatment of certain holdings as single holdings Local Land Services must, if requested to do so by a person who is the occupier of 2 or more holdings within a district that are not contiguous, treat the holdings as a single holding for the purposes of determining liability to pay a rate under Part 2 of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

For the purposes of section 56 (b) of the Act, land within a region is rateable land if, immediately before the commencement of this Regulation, it was land within a district that was rateable land for the purposes of the repealed Act.

Note.

To determine what is rateable land under this clause, see clause 6 of, and Schedule 3 to, the Rural Lands Protection Regulation 2010 as in force immediately before the repeal of that Regulation on 1 January 2014.

To determine whether a holding is within a region, see section 55 of the Act.

For the purposes of section 57 of the Act, the following types of rate can be made by Local Land Services—

a general rate,

an animal health rate,

special purpose rates.

Local Land Services is to make and levy the following rates for each year—

a general rate on all rateable land,

an animal health rate.

The rates may be made in the previous year but must be made by 31 March of the year to which they relate.

Note.

Under clause 25, the Minister may extend the time within which the rates may be made.

Local Land Services may make and levy one or more special purpose rates for any year on any land within a district if Local Land Services considers it is necessary to do so.

A general rate, or a special purpose rate (if any), for rateable land is to consist of—

a base amount for each holding of rateable land (determined by Local Land Services), and

an amount payable for each stock unit based on the total notional carrying capacity of rateable land in the district or for each constituent part (within the meaning of clause 49 of Schedule 7 to the repealed Act as in force immediately before its repeal) of the district.

An animal health rate for rateable land is to consist of—

a base amount for each holding of rateable land (determined by Local Land Services), and

an amount payable for each stock unit based on the total notional carrying capacity of rateable land in the district, or for each constituent part (within the meaning of clause 49 of Schedule 7 to the repealed Act as in force immediately before its repeal) of the district, for which the annual returns lodged in the year preceding the year in which the rate is payable indicate that at least 50 stock units were kept on the land as at 30 June in the year.

The amount payable under a rate in respect of rateable land is calculated in accordance with the following formula—

where—

R represents the amount payable under the rate.

B represents the base amount determined by Local Land Services for the purposes of the rate.

A represents the amount, determined by Local Land Services, payable for each stock unit in accordance with this clause.

C represents the notional carrying capacity of rateable land determined in accordance with clause 17.

In calculating the general rate or animal health rate payable in respect of land, Local Land Services must disregard any part of the land used for intensive livestock production in respect of which an animal health rate is payable.

An animal health rate may be levied in respect of rateable land comprising a holding for which an annual return has not been lodged in accordance with section 58 of the Act.

Money that has been received by imposition of a special purpose rate may not be used otherwise than for the purpose for which the rate was levied. However, any such money received that is surplus to the purpose for which the special purpose rate was imposed may be used by Local Land Services for any other purpose approved by the Minister.

Without limiting the purposes for which a special purpose rate may be levied, a special purpose rate may be levied to fund estimated expenditure by Local Land Services in contributing, under section 200A of the Act, to the costs of managing pests under the Biosecurity Act 2015.

Local Land Services must calculate a special purpose rate in accordance with clause 6 (3) or the following formula—

where—

R represents the special purpose rate payable.

X represents the base amount determined by Local Land Services for the purposes of the rate.

A represents an amount, determined by Local Land Services, payable for each stock unit based on the total notional carrying capacity of rateable land in the district.

C represents the notional carrying capacity of rateable land determined in accordance with clause 17.

A rate is levied on the land specified in a rate notice by giving the notice to any occupier of the land liable to pay the rate.

Note.

Section 210 (Service of documents) of the Act sets out the ways in which notice may be given.

A rate notice is to be in the approved form and is to specify the amount of each rate levied.

A rate is due and payable on the day (being a day not less than 28 days and not more than 42 days after notice of the rate is given) specified in the notice.

Local Land Services may accept payment of a rate by instalments or in accordance with an agreement made with the person liable to pay the rate.

For the purposes of subclause (1), if there are 2 or more occupiers of land, a rate notice duly given to any one of the occupiers is taken to have been given to the other occupiers of the land.

An occupier (other than the owner) of land who is given a rate notice must give any owner (other than the Crown) of the land oral or written advice of the rate levied within 14 days after being given the rate notice.

Maximum penalty—10 penalty units.

The occupier of land on which a rate is levied by Local Land Services is liable to pay the rate to Local Land Services, except as provided by the Act or this Part.

If there are 2 or more occupiers of the land, they are jointly and severally liable to pay the rate. However, as between themselves they are liable only for that part of the rate that is proportionate to the occupier’s interest in the land.

An occupier who pays to Local Land Services more than the occupier’s proportionate part of the rate may recover the excess by way of contribution from the other occupier or occupiers.

An owner (other than the Crown) of the land in respect of which any rate is levied by Local Land Services is liable for payment to Local Land Services of the whole or any part of the rate that is unpaid 12 months after the day on which it became due and payable by an occupier and any interest or any other charges payable in respect of the rate.

Local Land Services cannot recover any unpaid rate, interest or charges from an owner under subclause (1) unless it gives the owner 28 days’ notice of the amount of the rate that is unpaid and of any interest or charges payable in respect of the rate.

An owner who pays the whole or part of an unpaid rate or any interest or charges payable in respect of the rate may recover the amount paid from the occupier who was given the rate notice.

Nothing in subclause (2) affects any occupier’s liability for payment of a rate.

If there are 2 or more owners of land, they are jointly and severally liable to pay the unpaid rate. However, as between themselves they are liable only for that part of the rate that is proportionate to the owner’s interest in the land.

An owner who pays to Local Land Services more than the owner’s proportionate part of the unpaid rate may recover the excess by way of contribution from the other owner or owners.

The liability of a person to pay to Local Land Services a rate in respect of land that is unpaid on the day the person ceases to be the occupier or owner of the land continues until the day on which notice of the change in occupancy or ownership is given by the person in accordance with clause 24.

Note.

The liability of a person who ceased to be the occupier or owner of the land (the former occupier or former owner) to pay any owner or subsequent occupier who has paid to Local Land Services any unpaid rate that should have been paid by the former occupier or former owner does not cease on the giving of the notice, and the owner or subsequent occupier who paid the unpaid rate to Local Land Services may recover the amount from the former occupier or former owner (see clause 13).

The giving of a notice as referred to in subclause (1) does not affect any liability of the owner of the land other than the Crown (if the notice is of change of occupancy) or the new owner of the land other than the Crown (if the notice is of change of ownership) for the whole or any part of a rate that is unpaid or for any interest or any other charges in respect of the rate under clause 10.

Note.

If any unpaid rate, interest or charge is paid to Local Land Services by the owner or new owner, he or she may recover the amount from the former occupier or former owner (see clause 13).

A person who pays to Local Land Services any rate levied in respect of land after the person ceases to occupy or own the land and before the person gives notice of the change in occupancy or ownership of the land may recover the amount from any successive occupier or owner of the land who is liable to pay that rate.

A person who becomes the occupier of land that is the subject of a lease, licence or purchase from the Crown is not liable for any rate levied in respect of the land that is unpaid on the day the person becomes the occupier of the land.

This clause applies to a rate levied in respect of land for a year if the occupancy or ownership of the land (whether in whole or in part) is subsequently changed during that year to a different occupier or owner.

The rate is payable as between the former and subsequent occupier or owner of land proportionately to the part of the year during which the occupier or owner occupied the land and to the part of the land occupied or owned.