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LOCAL GOVERNMENT ACT 1995 - SECT 6.29

6.29 .         Valuation and rates on mining and petroleum interests

        (1)         In this section —

        relevant interest means —

            (a)         a mining tenement held under the Mining Act 1978 (whether within the meaning given to that term by that Act or by the Mining Act 1904 3 ); or

            (b)         a permit, drilling reservation, lease or licence held under the Petroleum and Geothermal Energy Resources Act 1967 .

        (2)         Regardless of any determination made under section 6.28(1), the basis for a rate on a relevant interest is to be the unimproved value of the land, except as provided for in subsection (3).

        (3)         Subsection (2) does not apply to a relevant interest in a portion of land on which capital improvements are located if —

            (a)         the Minister has determined under section 6.28(1) that the gross rental value of the land is to be used as the basis for a rate on that interest; and

            (b)         the determination expressly excludes the application of subsection (2).

        (4)         The Minister cannot determine under section 6.28(1) that the gross rental value of the land is to be used as the basis for a rate on a relevant interest in a portion of land if another estate in that portion of land is rateable on the basis of the gross rental value of the land.

        (5)         For the purpose of subsection (3)(b) a determination is to be taken to expressly exclude the application of subsection (2) if the determination —

            (a)         was made before the commencement of the Local Government Amendment Act 2009 section 38; and

            (b)         specifically applies to the particular relevant interest.

        [Section 6.29 inserted: No. 17 of 2009 s. 38.]



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