Part 6 Rent payable under leases
In this Part:financial year means the year commencing 1 July.
intensive agriculture includes irrigated farming, feedlot farming, aquaculture, pisciculture and any other activity declared by the regulations to be intensive agriculture.
rehabilitation means any activity that results in an improvement in the condition and functioning of the natural environment.
rural holding means the aggregate of all lands:
(a) that are held by the same person under one or more rural leases, and(b) that, in the opinion of the Commissioner, comprise a single holding,regardless of whether or not the lands are contiguous with each other.rural lease means any lease of a kind declared under section 27D to be a rural lease for the purposes of this Part.
scaling factor, for any financial year, means the scaling factor determined by the regulations for that year or, if no such factor is determined, the scaling factor determined by the regulations for the previous financial year.
urban lease means any lease of a kind declared under section 27D to be an urban lease for the purposes of this Part, and includes any lease that is not declared under that section to be either a rural lease or an urban lease.
(1) Annual rent is to be calculated for a rural holding as follows:
(2) If the regulations prescribe a minimum annual rent that is greater than the rent so calculated, the annual rent is to be the minimum rent so prescribed.
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Base rent referred to in section 20 (1) is to be calculated for a rural holding as follows:
where:S represents the scaling factor for the financial year to which the rent relates.
A1 represents 1,000 hectares or (for a rural holding of less than 1,000 hectares) the number of hectares in the holding, and k1 represents an amount of money per hectare prescribed by the regulations for the first 1,000 hectares of a rural holding.
A2 represents 4,000 hectares or (for a rural holding of less than 5,000 hectares) the number of hectares in the holding in excess of 1,000, and k2 represents an amount of money per hectare prescribed by the regulations for the second to the fifth 1,000 hectares (inclusive) of a rural holding.
A3 represents 5,000 hectares or (for a rural holding of less than 10,000 hectares) the number of hectares in the holding in excess of 5,000, and k3 represents an amount of money per hectare prescribed by the regulations for the sixth to the tenth 1,000 hectares (inclusive) of a rural holding.
A4 represents 10,000 hectares or (for a rural holding of less than 20,000 hectares) the number of hectares in the holding in excess of 10,000, and k4 represents an amount of money per hectare prescribed by the regulations for the eleventh to the twentieth 1,000 hectares (inclusive) of a rural holding.
A5 represents 10,000 hectares or (for a rural holding of less than 30,000 hectares) the number of hectares in the holding in excess of 20,000, and k5 represents an amount of money per hectare prescribed by the regulations for the twenty-first to the thirtieth 1,000 hectares (inclusive) of a rural holding.
A6 represents 20,000 hectares or (for a rural holding of less than 50,000 hectares) the number of hectares in the holding in excess of 30,000, and k6 represents an amount of money per hectare prescribed by the regulations for the thirty-first to the fiftieth 1,000 hectares (inclusive) of a rural holding.
A7 represents the number of hectares in a rural holding in excess of 50,000, and k7 represents an amount of money per hectare prescribed by the regulations for each hectare in the holding after the fifty-thousandth.
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22 Calculation of cultivation charge
The cultivation charge referred to in section 20 (1) is to be calculated for a rural holding as follows:
where:S represents the scaling factor for the financial year to which the rent relates.
TC represents the number of hectares in the holding on which cultivation is permitted under this Act for a limited period of time pursuant to a consent under section 18DA, and k8 represents an amount of money per hectare prescribed by the regulations for such land.
PC represents the number of hectares in the holding on which cultivation is permitted under this Act indefinitely:
(a) pursuant to a lease for the purpose of agriculture, grazing and agriculture combined or mixed farming or any similar purpose or purposes, or(b) pursuant to a consent under section 18DA,and k9 represents an amount of money per hectare prescribed by the regulations for such land.
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23 Calculation of intensive agriculture charge
The intensive agriculture charge referred to in section 20 (1) is to be calculated for a rural holding as follows:
where:S represents the scaling factor for the financial year to which the rent relates.
IA represents the number of hectares in the holding which are, in the opinion of the Commissioner, being used for or in connection with intensive agriculture, and k10 represents an amount of money per hectare prescribed by the regulations for such land.
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24 Calculation of rehabilitation rebate
The rehabilitation rebate referred to in section 20 (1) is to be calculated for a rural holding as follows:
where:S represents the scaling factor for the financial year to which the rent relates.
TR represents the number of hectares in the holding on which, in the opinion of the Commissioner, managed rehabilitation is being carried out on a temporary basis (that is, for a period of 10 years or less), and k11 represents an amount of money per hectare prescribed by the regulations for such land.
PR represents the number of hectares in the holding on which, in the opinion of the Commissioner, managed rehabilitation is being carried out on a permanent basis (that is, for a period of more than 10 years), and k12 represents an amount of money per hectare prescribed by the regulations for such land.
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(1) As soon as practicable after 1 April in each year, the Commissioner must cause an assessment to be made of the annual rent payable for each rural holding for the financial year commencing next 1 July.(2) In making such an assessment, the Commissioner is to have regard to the circumstances of each rural holding as at 1 April in that year.(3) The Commissioner must cause written notice of the assessment for each rural holding to be served on the owner of the holding as soon as practicable after the assessment is made.(4) For the purposes of section 36C, the due date for payment of the annual rent for a rural holding is 1 July of the financial year for which the rent is payable.
26 Review of assessment by local land board
(1) If the owner of a rural holding is dissatisfied with any of the following decisions of the Commissioner with respect to an assessment of annual rent for specified land:(a) a decision that the land is or is not a single holding,(b) a decision that cultivation is or is not permitted under this Act on the whole or any part of the land,(c) a decision that the whole or any part of the land is or is not being used for or in connection with intensive agriculture,(d) a decision that managed rehabilitation is or is not being carried out on the whole or any part of the land,the owner may apply to the local land board for a review of the decision.(2) The making of an application for such a review does not stay the owner’s obligation to pay the annual rent to which the application relates.(3) Subject to section 27, the decision of the local land board has effect as if it were the decision of the Commissioner.
27 Appeal to Land and Environment Court
(1) Either the owner of a rural holding or the Commissioner may appeal to the Land and Environment Court against a decision of the local land board under section 26.(2) The making of an appeal does not stay the owner’s obligation to pay the annual rent to which the appeal relates.
(1) The Minister may, by order published in the Gazette, establish guidelines with respect to the assessment of annual rents for rural holdings.(2) Before establishing any such guidelines, the Minister must consult with the Western Lands Advisory Council.(3) In determining for the purposes of this Part:(a) whether land is or is not a single rural holding, or(b) whether cultivation is or is not permitted under this Act on the whole or any part of a rural holding, or(c) whether the whole or any part of a rural holding is or is not being used for or in connection with intensive agriculture, or(d) whether managed rehabilitation is or is not being carried out on the whole or any part of a rural holding, or(e) any other matter relevant to the assessment of annual rent for a rural holding,regard must be had to any guidelines in force under this section.
(1) Annual rent is to be calculated for an urban lease as follows:
where:LV represents the land value (within the meaning of the Valuation of Land Act 1916) of the land comprised in the urban lease.
p represents a percentage prescribed by the regulations with respect to the class of land to which the urban lease belongs.
(2) If the regulations prescribe a minimum annual rent that is greater than the rent so calculated, the annual rent is the minimum rent so prescribed.(3) The regulations may prescribe different classes of urban lease for the purposes of this section and different percentages in relation to each class of urban lease so prescribed.
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(1) As soon as practicable after 1 April in each year, the Commissioner must cause an assessment to be made of the annual rent payable for each urban lease for the financial year commencing next 1 July.(2) In making such an assessment, the Commissioner is to have regard to the land value of each urban lease as at 1 April in that year.(3) The Commissioner must cause written notice of the assessment for each urban lease to be served on the holder of the lease as soon as practicable after the assessment is made.(4) For the purposes of section 36C, the due date for payment of the annual rent for an urban lease is 1 July of the financial year for which the rent is payable.
27D Classification or leases as rural or urban leases
The Minister may, by order published in the Gazette, declare that a lease of a specified kind is either a rural lease or an urban lease for the purposes of this Part.
(1) The Minister:(a) may waive, reduce or remit the whole or any part of the annual rent that would otherwise be payable by a lessee under this Part, and(b) may postpone payment, for up to 10 years, of the whole or any part of the annual rent payable by a lessee under this Part,in respect of such classes of lessees or classes of lands as are prescribed by the regulations.(2) The total amount of rent waived or remitted by the Minister in each rental year (but not rent reduced or postponed in relation to debt management) are to be published:(a) in the Department’s annual report under the Annual Reports (Departments) Act 1985 for the financial year concerned, and(b) in the Treasurer’s budget papers for the following financial year.