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Act No. 47
LAND TAX MANAGEMENT (AMENDMENT) BILL 1991
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the Land Tax Management Act 1956:
(a) to make it clear that the existing land tax exemption for new rental
accommodation applies only to the extent that the land is actually used and
occupied for residential purposes;
(b) to limit the Chief Commissioner's power to treat land as "rural" (so that it can
qualify for the primary production exemption) to unzoned land (land zoned
rural or non-urban currently qualifies automatically);
(c) to extend the exemption for a principal place of residence to unoccupied
residential land for 2 years after the land is purchased provided the owner
intends to use and occupy the land within that period as his or her principal
place of residence;
(d) to extend the land tax exemption for boarding-houses for low-income persons
to the whole State by removing the current restriction on the location of the
boarding-house;
(e) to make it clear that a boarding-house does not include premises subject to a
residential tenancy agreement
(f) to clarify the power of the Chief Commissioner to refund to a taxpayer an
overpayment of land tax;
(g) to simplify the calculation of land tax liability of joint owners of premises
comprising a flat or flats by requiring each joint owner to be considered the
owner of that part of the premises he or she is entitled to occupy and to treat
that part as a strata lot fur land tax purposes;
(h) to clarify and consoIidate provisions concerning the land tax treatmat of
lessees of land owned by the Crown, councils or public authorities;
(i) to delay the introduction of the land tax liability of lessees from councils or
public authorities for a further year;
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Land Tax Management (Amendment) 1991
(j) to remove the list of public authorities from the Act and to provide for public
authorities to be listed in the regulations;
(k) to enact a consequential transitional provision.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on 31 December
1991, except for the amendment made by Schedule 1 (12) (the amendment referred to in
(i) above) which is taken to have commenced on 31 December 1990.
Clause 3 gives effect to Schedule 1.
Clause 4 provides that the explanatory notes appearing in the Bill do not form part
of the proposed Act.
Schedule 1 makes the amendments to the Land Tax Managemat Act 1956 described
above. Each amendment is explained in detail in the explanatory note relating to the
amendment concerned.