Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 6.35

6.35 .         Minimum payment

        (1)         Subject to this section, a local government may impose on any rateable land in its district a minimum payment which is greater than the general rate which would otherwise be payable on that land.

        (2)         A minimum payment is to be a general minimum but, subject to subsection (3), a lesser minimum may be imposed in respect of any portion of the district.

        (3)         In applying subsection (2) the local government is to ensure the general minimum is imposed on not less than —

            (a)         50% of the total number of separately rated properties in the district; or

            (b)         50% of the number of properties in each category referred to in subsection (6),

                on which a minimum payment is imposed.

        (4)         A minimum payment is not to be imposed on more than the prescribed percentage of —

            (a)         the number of separately rated properties in the district; or

            (b)         the number of properties in each category referred to in subsection (6),

                unless the general minimum does not exceed the prescribed amount.

        (5)         If a local government imposes a differential general rate on any land on the basis that the land is vacant land it may, with the approval of the Minister, impose a minimum payment in a manner that does not comply with subsections (2), (3) and (4) for that land.

        (6)         For the purposes of this section a minimum payment is to be applied separately, in accordance with the principles set forth in subsections (2), (3) and (4) in respect of each of the following categories —

            (a)         to land rated on gross rental value; and

            (b)         to land rated on unimproved value; and

            (c)         to each differential rating category where a differential general rate is imposed.

        [Section 6.35 amended: No. 49 of 2004 s. 61.]

        [Section 6.35 modified: SL 2020/57 1M .]



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