Part 9 Miscellaneous matters concerning rates and charges

602   Record of rates and charges

(1)  A council is required to keep a record of:

(a)  each rate and charge made by it, and

(b)  in relation to each separate parcel of land within its area:

•  the land value of the parcel

•  whether the parcel is rateable, exempt from all rates or exempt from particular kinds of rates

•  the category declared under Part 3 for the parcel of land, and

(c)  the owner or lessee of each such parcel.

(2)  The council may amend the record as the occasion requires.

603   Certificate as to rates and charges

(1)  A person may apply to the council for a certificate as to the amount (if any) due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land.

(2)  The application must be in the approved form and be accompanied by the approved fee.

(3)  The council is to issue a certificate to the applicant stating:

(a)  the rates, charges or other amounts due or payable to the council in respect of the land and when they became due or payable, or that no such rates, charges or other amounts are due or payable, and

(b)  the balance of any special rate waived, under section 565, and the period for which it is waived, and

(c)  the work carried out on the land by the council and the cost that may be recovered from the owner or occupier for the work, or that no such work has been carried out, and

(d)  the name of the person shown in the council’s records at the date of the certificate as the owner of the land, if the person acquired the land under Division 5 of Part 2 of Chapter 17.

(4)  The production of the certificate is taken for all purposes to be conclusive proof in favour of a bona fide purchaser for value of the matters certified.

(5)  For the purposes of this section, rates, charges and other amounts are taken to be due or payable even though the requisite period after service of any notice may not have expired.

604   Notice of transfer of land

(1)  Notice is required to be given to the council of the following events by the person specified in relation to the event:

(a)  the transfer of the estate of a rateable person in rateable land—by the transferee,

(b)  the entry into possession of rateable land under a mortgage—by the mortgagee,

(c)  the grant of probate or letters of administration in respect of the estate of a deceased person which includes an estate in rateable land—by the trustee, executor or administrator.

(2)  The notice must be given within 1 month after the event occurs.

(3)  It is not necessary to give notice of a mortgage or the discharge of a mortgage, except as provided by subsection (1) (b).

(4)  A person is taken to have satisfied the requirements of this section in relation to an event if notice of the event is lodged with the Registrar-General in accordance with the Conveyancing Act 1919 or the Real Property Act 1900 within 1 month after the event occurs.

605   Expenses of tracing persons

(1)  A council may add to the amount of a rate or charge any reasonable out-of-pocket expenses incurred in tracing the person liable to pay the rate or charge.

(2)  Those expenses may be recovered as rates or charges, at the same time as any rates or charges and without the need to give any notice concerning them.

606   Notice of granting of certain Crown leases

(1)  The statutory body or head of a Government Department who grants or takes the action necessary for the grant of a lease to any person for private purposes of Crown lands or land within a State forest must give particulars of the lease to the council of the area concerned within 60 days after the lease is granted.

(2)  The particulars do not have to be given if they are notified in the Gazette within the 60-day period.

606A   Estimates of coastal protection service charges

(1)  A council must, on request, provide a person who would be liable to pay an annual charge for coastal protection services in relation to proposed coastal protection works with an estimate of the person’s liability for that annual charge (if the council were to make such a charge) for each of the following 5 years.

(2)  A request for an estimate under subsection (1) must include any information required by the council in order to make the estimate, including but not limited to, information relating to proposed coastal protection works such as the location and type of works and their expected on-site and off-site impacts.

(3)  A request for an estimate under subsection (1) is to be accompanied by a fee determined by the council to cover the council’s reasonable costs in providing the estimate.

(4)  A council must provide the estimate within 30 days of the submission of the request (including the required information) and fee.

(5)  An estimate provided by the council does not bind or limit the council in the making or levying of a charge for coastal protection services under this Act.

606B   Review of cost of coastal protection service charges on request of ratepayer

(1)  A council must, on request, provide a person who is liable to pay an annual charge for coastal protection services with a report prepared by an independent person on the cost to the council of providing those services.

(2)  A request for a report under subsection (1) is to be accompanied by a fee determined by the council to cover the council’s reasonable costs in providing the report.

(3)  If a council provides a report to a person under subsection (1) the council is to make the report available to all other persons liable to pay an annual charge in relation to the same services.

(4)  A council is not required to provide a report under subsection (1) to a person if the council has in the previous 3 years provided or made available to the person such a report in relation to the same coastal protection services.

(5)  Despite subsection (2), a fee is not required to accompany the following requests:

(a)  a request made during the first year that an annual charge is made and levied on the relevant parcel of land,

(b)  a request made during the year following an increase in the annual charge by a percentage that is greater than the percentage specified in an order under section 506 for the year concerned.

606C   Review of cost of coastal protection service charges on direction of Minister administering Coastal Protection Act 1979

(1)  The Minister administering Part 4A of the Coastal Protection Act 1979 (the Coastal Protection Minister) may direct a council to provide the Coastal Protection Minister with a report prepared by an independent person on the cost to the council of providing coastal protection services.

(2)  A council directed to provide a report under subsection (1) must submit the report to the Coastal Protection Minister:

(a)  within 90 days of the direction, or

(b)  within such longer period as may be agreed to by the Coastal Protection Minister.

(3)  If a council fails to comply with this section, the Coastal Protection Minister may:

(a)  commission an independent person to prepare the report, and

(b)  recover the cost of preparing the report from the council.

The council is to co-operate with the independent person in the preparation of the report.

(4)  The council is to have regard to any report of an independent person referred to in this section in determining an annual charge for the coastal protection services concerned.

607   Writing off of rates, charges and accrued interest

The regulations may specify circumstances, in addition to those for which provision is made in this Chapter, in which a council may write off rates and charges and interest accrued on unpaid rates and charges.