Victorian Current Acts

LOCAL GOVERNMENT ACT 1989 - SECT 159

    (1)     A Council may declare a municipal charge to cover some of the administrative costs of the Council.

    (2)     A Council's total revenue from a municipal charge in a financial year must not exceed 20 per cent of the sum total of the Council's—

        (a)     total revenue from a municipal charge; and

        (b)     total revenue from general rates—

in that financial year.

S. 159(3) inserted by No. 78/1991 s. 6, substituted by No. 43/1993 s. 14.

    (3)     A person may apply to a Council for an exemption from the payment of a municipal charge on rateable land if—

        (a)     the rateable land in respect of which the exemption is claimed is farm land within the meaning of section 2(1) of the Valuation of Land Act 1960 or would be farm land if it were 2 hectares or more in area; and

        (b)     the rateable land forms part of a single farm enterprise; and

        (c)     an exemption is not claimed in respect of at least one other rateable property which forms part of the single farm enterprise; and

        (d)     in the case of a single farm enterprise which is occupied by more than one person, an exemption is not claimed in respect of more than one principal place of residence.

S. 159(4) inserted by No. 43/1993 s. 14.

    (4)     In subsection (3)—

single farm enterprise means 2 or more rateable properties—

        (a)     which—

              (i)     are farm land; and

              (ii)     are farmed as a single enterprise; and

              (iii)     are occupied by the same person or persons—

whether or not the properties are contiguous; or

        (b)     which—

              (i)     as to all the properties except one, are farm land farmed as a single enterprise occupied by the same person or persons; and

              (ii)     as to one property contiguous with at least one of the other properties, is the principal place of residence of that person or one of those persons.

S. 159(5) inserted by No. 43/1993 s. 14.

    (5)     An application must be in the form and made within the period determined by the Council.

S. 159(6) inserted by No. 43/1993 s. 14.

    (6)     The Council may require the applicant—

        (a)     to give further particulars; or

        (b)     to verify particulars—

in relation to the application.