LOCAL GOVERNMENT ACT 1989 - SECT 185C Capped average rate

LOCAL GOVERNMENT ACT 1989 - SECT 185C

The "capped average rate", in relation to a Council, means the rate calculated according to the following formula—

where—

        CAR     is the capped average rate; and

        Rc     is the total annualised revenue leviable from general rates, municipal charges and any other prescribed rates or charges on rateable properties within the Council's municipal district as at 1 July in the capped year; and

        L     is the number of rateable properties within the Council's municipal district as at 1 July in the capped year.

Note

The total annualised revenue leviable in the capped year is the revenue that is budgeted as at 1 July of the capped year.

S. 185D inserted by No. 65/2015 s. 8.

        185DMinister may set average rate cap by general Order

    (1)     The Minister may by general Order published in the Government Gazette direct a Council that the capped average rate in respect of a specified financial year must not exceed the base average rate by more than the average rate cap specified in the general Order.

    (2)     A general Order made under subsection (1) may be directed to—

        (a)     all Councils; or

        (b)     a class of Councils; or

        (c)     a specified Council.

    (3)     Before making a general Order, the Minister must—

        (a)     request advice from the Essential Services Commission for the purposes of adjustment in setting the average rate cap; and

        (b)     have regard to any advice received from the Essential Services Commission as requested under paragraph (a).

    (4)     The Essential Services Commission must provide advice to the Minister in accordance with a request made under subsection (3)(a).

    (5)     A general Order does not have effect in respect of a capped year unless it is published in the Government Gazette—

        (a)     on or before 31 December in the financial year before the capped year; or

        (b)     on or before such other date fixed by the Minister by notice published in the Government Gazette in the financial year before the capped year.

S. 185E inserted by No. 65/2015 s. 8.