Local Government Amendment Act 2011 (TAS)

Local Government Amendment Act 2011

An Act to amend the Local Government Act 1993

[Royal Assent 6 June 2011]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Local Government Amendment Act 2011 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Local Government Act 1993 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by inserting after the definition of rates notice the following definition: regulations means the regulations made under this Act; 5Section 86 amended (Interpretation of Part 9) Section 86 of the Principal Act is amended by omitting paragraph (a) from the definition of rate and substituting the following paragraphs: (a) for the purposes of section 88A , a charge made under this Part; and (ab) for the purposes of Division 9 , a charge made under this Part; and 6Section 88A insertedAfter section 88 of the Principal Act , the following section is inserted in Division 1: 88ACapping of rate increases (1)  A council, by absolute majority, may, in making a rate under this Part – (a) set a maximum percentage increase in any or all of the rates payable on any rateable land within its area; and (b) declare that a maximum percentage increase set under paragraph (a) varies within the municipal area or within different parts of the municipal area according to any or all, or a combination of any or all, of the factors specified in section 107 . (2)  For the purposes of subsection (1) , a council may – (a) grant a remission under section 129 ; and (b) fix conditions that are to apply in order for a ratepayer, or class of ratepayers, to qualify for a maximum percentage increase. (3)  Regulations may be made under this Act in relation to the setting and application of a maximum percentage increase in a rate. 7Section 91 amended (Composition of general rate) Section 91(2) of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph: (b) must be calculated so that the total revenue raised from it does not exceed an amount equal to 50% of the council’s general rates for the year to which the fixed charge relates. 8Section 94 amended (Service charge) Section 94 of the Principal Act is amended as follows: (a) by inserting in subsection (3) ", or a combination of any or all," after "all"; (b) by inserting the following subsection after subsection (3) : (3A)  In addition to the powers conferred on a council under subsection (3) , a council may, by absolute majority, vary a service charge according to the level of service provided. 9Section 107 amended (Variation in rates) Section 107 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  A council, by absolute majority, may declare that the general rate, a service rate or a service charge varies within the municipal area or within different parts of the municipal area according to any or all, or a combination of any or all, of the following factors: (a) the use or predominant use of the land; (b) the non-use of the land; (c) the locality of the land; (d) any planning zone; (e) any other prescribed factor. 10Repeal of ActThis Act is repealed on the ninetieth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 19 MAY 2011

Legislative Council on 25 MAY 2011]