❓ Dr. Thomas questions the Shire of Donnybrook-Balingup's practice of applying rates to land owned by the Department of Planning, Lands and Heritage but vested in the shire, particularly concerning the passing of these charges to leaseholders. The Minister's response clarifies rateability under the Local Government Act 1995.
AnsweredQoN 1343Legislative Council
QuestionView source ↗
LOCAL GOVERNMENT — SHIRE RATES APPLIED TO
LAND VESTED IN SHIRE
1343. Hon Dr STEVE THOMAS to the minister representing the
Minister for Local Government:
I refer to land owned by the
Department of Planning, Lands and Heritage in the Shire of Donnybrook–Balingup,
but vested with the shire for the purpose of providing medical services.
(1) Are shire
rates able to be applied by the shire to land owned by the department and
vested in the shire for the provision of medical services?
(2) If yes to (1), under what
legislative authority can the rates be applied?
(3) Has the
department been charged any rates by the Shire of Donnybrook–Balingup
on lands owned by the department; and, if so, which land has it been applied
to?
(4) Given the
shire is charging rates on land it is vested with and passing those charges on
to the leaseholder, for what other areas of land in Western Australia are local
governments charging rates on departmental land that is vested in that local
government—that is, effectively charging themselves rates and passing
that cost on?
(5) For those lands in answer to
(4), are those rates being passed on to a tenant or leaseholder?
LAND VESTED IN SHIRE
1343. Hon Dr STEVE THOMAS to the minister representing the
Minister for Local Government:
I refer to land owned by the
Department of Planning, Lands and Heritage in the Shire of Donnybrook–Balingup,
but vested with the shire for the purpose of providing medical services.
(1) Are shire
rates able to be applied by the shire to land owned by the department and
vested in the shire for the provision of medical services?
(2) If yes to (1), under what
legislative authority can the rates be applied?
(3) Has the
department been charged any rates by the Shire of Donnybrook–Balingup
on lands owned by the department; and, if so, which land has it been applied
to?
(4) Given the
shire is charging rates on land it is vested with and passing those charges on
to the leaseholder, for what other areas of land in Western Australia are local
governments charging rates on departmental land that is vested in that local
government—that is, effectively charging themselves rates and passing
that cost on?
(5) For those lands in answer to
(4), are those rates being passed on to a tenant or leaseholder?
AnswerView source ↗
I thank the honourable member for
some notice of the question. The following response has been provided by the
Minister for Local Government.
The Department of Local Government,
Sport and Cultural Industries advises as follows.
(1)–(2) Under
the Local Government Act 1995, all land is generally rateable unless exempt
under section 6.26(2) of the act or under some other written law. Section 1.4
of the act provides definitions of ''owner'' and ''occupier'',
which includes those leasing crown land. The categories of exempt land are also
set out in the act.
(3)–(5) Crown
land may still be rateable within the meaning of the act. The rates are not
passed on to a tenant or leaseholder. Rather, the tenant or leaseholder are
rated in their own right in cases in which they fit the act's
definition of ''owner''.
some notice of the question. The following response has been provided by the
Minister for Local Government.
The Department of Local Government,
Sport and Cultural Industries advises as follows.
(1)–(2) Under
the Local Government Act 1995, all land is generally rateable unless exempt
under section 6.26(2) of the act or under some other written law. Section 1.4
of the act provides definitions of ''owner'' and ''occupier'',
which includes those leasing crown land. The categories of exempt land are also
set out in the act.
(3)–(5) Crown
land may still be rateable within the meaning of the act. The rates are not
passed on to a tenant or leaseholder. Rather, the tenant or leaseholder are
rated in their own right in cases in which they fit the act's
definition of ''owner''.
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