Limitation of increase in rates or charges levied continues after compulsory acquisition of land
116A Limitation of increase in rates or charges levied continues after compulsory acquisition of land
This section applies if—
a local government resolves, under section 116, to limit the increase in the rates or charges levied on rateable land (a rates cap); and
part of the rateable land is—
compulsorily acquired by a government entity; or
otherwise acquired by the department administering the Transport Planning and Coordination Act 1994.
Until the local government resolves otherwise, the rates and charges levied on the remainder are reduced to the divided amount.
However, the resolution can not be made before the next budget meeting of the local government that occurs after the application of the rates cap.
In this section—
compulsorily acquired, for part of rateable land, means acquired under an Act, or a law of the Commonwealth, that authorises the compulsory acquisition of land by a government entity.
Example—
land taken under the Acquisition of Land Act 1967
divided amount means the amount worked out by—
dividing the amount of the rates or charges levied on the rateable land by the number of square metres of the rateable land; and
multiplying the amount calculated under paragraph (a) by the number of square metres of the remainder.
government entity means the State, the Commonwealth, a local government or an entity authorised by the State, Commonwealth or a local government.
remainder, for rateable land (part of which is acquired in a manner mentioned in subsection (1)(b)), means that part of the rateable land not acquired.
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