(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.]