Land Tax Management (Further Amendment) Act 1986 (NSW)

LAND TAX MANAGEMENT (FURTHER AMENDMENT)

ACT 1986 No. 186

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement
3. Amendment of Act No. 26, 1956
4. Effect of certain earlier amendments

5. Effect of certain amendments made by this Act

SCHEDULE I—RETROSPECTIVE AMENDMENTS TO THE LAND TAX

MANAGEMENT ACT 1956

SCHEDULE 2—PROSPECTIVE AMENDMENTS TO THE LAND TAX

MANAGEMENT ACT 1956

LAND TAX MANAGEMENT (FURTHER AMENDMENT) ACT 1986

No. 186

NEW SOUTH WALES

Act No. 186, 1986

An Act to amend the Land Tax Management Act 1956 with respect to exemptions from land tax and certificates as to liability for land tax; and for other purposes. [Assented to 18 December 1986]

2   Act No. 186

Land Tax Management (Further Amendment) 1986

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "Land Tax Management (Further Amendment) Act 1986".

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Schedule 1, section 3 in its application to that Schedule and sections 4 and 5 shall be deemed to have commenced on 31 December 1985.

(3) Except as provided by subsections (1) and (2), this Act shall commence on 31 December 1986.

Amendment of Act No. 26, 1956

The Land Tax Management Act 1956 is amended in the manner set forth in Schedules 1 and 2.

3.

Effect of certain earlier amendments

4. (1) The amendments made by section 3 of the Land Tax Management (Further Amendment) Act 1985 and Schedule 1 (1) (b) and (3) (b) to that Act have effect as provided by subsection (2) in relation to land occupied under a lease or licence from the Crown instead of as provided by that Act.

(2) The amendments referred to in subsection (1)—

(a) do not apply in respect of the year commencing on 1 January 1986;

(b)	if, on or after 1 January 1986 and before 1 January 1988, the rent or licence fee is, or could be, reviewed or the lease or licence could be determined—apply in respect of each year that succeeds the year in which the rent or licence fee is, or could be, so reviewed or the lease or licence could be so determined; and
(c)	apply in respect of the year commencing on 1 January 1989 and each succeeding year.

Land Tax Management (Further Amendment) 1986

Effect of certain amendments made by this Act

5. Section 4 of the Land Tax Management (Further Amendment) Act 1985 applies in relation to the amendments made by section 3 of this Act and Schedule 1 as if they were the amendments referred to in that section of that Act.

SCHEDULE 1

(Sec. 3)

RETROSPECTIVE AMENDMENTS TO THE LAND TAX

MANAGEMENT ACT 1956

Section 10 (Land exempted from tax) as amended by Act No. 215, 1985—

(1) Section 10(1) (d)—

Omit ", and used and occupied solely by,".

(2) Section 10(1) (d)—

After "profit", insert " (not being land, or any part of land, that is solely or principally used by a person other than such a charitable or educational institution and would not be exempt if the person owned it)".

(3) Section 10 (l)(e)—

Omit ", and used and occupied solely by,".

(4) Section 10 (l)(e)—

After "profit", insert "(not being land, or any part of land, that is solely or principally used by a person other than the society and would not be exempt if the person owned it)".

(5) Section 10 (1) (k)—

Omit "(not being a hospital benefits or medical benefits organisation registered under the National Health Act 1953, as amended by subsequent Acts, of the Commonwealth)".

4   Act No. 186

Land Tax Management (Further Amendment) 1986

SCHEDULE X—continued

RETROSPECTIVE AMENDMENTS TO THE LAND TAX

MANAGEMENT ACT 1956—continued

(6) Section 10 (li)—

Omit the subsection, insert instead:

(li) Where—

(a)	part of any land, or part of a building, is used, or intended to be used, solely or principally by a person other than a charitable or educational institution referred to in subsection (1) (d) or by a person other than a religious society referred to in subsection (1) (e);
(b)	the land or, in the case of a building, the land on which the building is erected, would not be exempt if the person owned it; and
(c)	subsection (1) (d) or (e) would apply to the land or, in the case of a building, the land on which the building is erected, if no part of the land or building were so used or intended to be so used,

the adjusted value of the land or, in the case of a building, the land on which the building is erected shall, for the purpose of assessing land tax, be reduced to an amount that bears to that adjusted value the same proportion as the rental value of the part so used, or intended to be so used, bears to the total rental value

of the land or building.

(7) Section 10 (2) (a), (2A) (b)—

Omit "(d), (e)," wherever occurring.

(8) Section 10 (2AA)—

Omit the subsection.

Land Tax Management (Further Amendment) 1986

SCHEDULE 2

(Sec. 3)

PROSPECTIVE AMENDMENTS TO THE LAND TAX

MANAGEMENT ACT 1956

(1) Section 10 (Land exempted from tax)—

Section 10(1) (rl)—
After section 10(1) (r), insert:

(rl) with respect to taxation leviable or payable in respect of the year commencing on 1 January 1987 or any succeeding year, land approved for multiple occupancy, and occupied, in accordance with an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979;

(2) Section 47 (Land tax to be first charge on land)—

(a) Section 47 (1)—

Omit "inquiry who", insert instead "inquiry if the purchaser or the vendor of the land".

(b) Section 47 (1)—

After "purchaser" where fourthly occurring, insert "or the vendor".

(c) Section 47 (1)—

After "application" where secondly occurring, insert "and a certificate issued to the vendor may be relied on by a purchaser as if it had been issued to the purchaser".