Local Government (General) Regulations 2025 (Vic)

Version No. 001

Local Government (General) Regulations 2025

S.R. No. 77/2025

Version as at

22 August 2025

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocations

5Definition

6Notice of rates and charges

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 001

Local Government (General) Regulations 2025

S.R. No. 77/2025

Version as at

22 August 2025

1Objective

The objective of these Regulations is to prescribe the information that must be contained in a notice of rates or charges for the purposes of the Local Government Act 1989.

2Authorising provision

These Regulations are made under section 243 of the Local Government Act 1989.

3Commencement

These Regulations come into operation on 22 August 2025.

4Revocations

The following Regulations are revoked—

(a)the Local Government (General) Regulations 2015[1];

(b)the Local Government (General) Amendment Regulations 2016[2];

(c)the Local Government (General) Amendment Regulations 2019[3];

(d)the Local Government Revocation Regulations 2020[4];

(e)the Local Government Revocation Regulations 2021[5];

(f)the Local Government (General) Amendment Regulations 2023[6].

5Definition

In these Regulations—

the Actmeans the Local Government Act 1989.

6Notice of rates and charges

(1)For the purposes of sections 158(4)(a) and 163(5)(a) of the Act, the following information is prescribed—

(a)the name and address of the person who is liable to pay the rate or charge;

(b)if the person who is liable to pay the rate or charge is not the owner of the land, the name of the owner;

(c)a description of the land in respect of which the rate or charge is levied;

(d)the amount for which the person is liable;

(e)if the rate is based on the value of the land—

(i)the system of valuation referred to in section 157(1) of the Act which the Council used to assess the value; and

(ii)the value of the land; and

(iii)the current level of value date;

(f)the method of calculating the rate or charge;

(g)the penalties for failing to pay the rate or charge;

(h)the manner in which the rate or charge may be paid;

(i)a statement that the person may apply to the Council for a payment plan;

(j)the manner, in order of priority, in which the Council intends to allocate money received or recovered from the person (whether in relation to legal costs, interest, a current rate or charge, arrears of a rate or charge or otherwise);

(k)the rights of the person if applicable—

(i)to apply under section 183 of the Act for a review in relation to a differential rating; or

(ii)to appeal under section 184 of the Act for a review in relation to a rate or charge; or

(iii)to apply under section 185 of the Act for a review in relation to a special rate or special charge; or

(iv)to object in relation to a valuation under the Valuation of Land Act 1960;

(l)if the rate is raised by the application of a differential rate—

(i)the type or class of the person's land which is subject to the differential rate; and

(ii)where information in relation to the differential rate is available in accordance with section 161(3) of the Act; and

(iii)every type or class of land subject to a differential rate in the municipal district; and

(iv)the rate set for every type or class of land subject to a differential rate in the municipal district; and

(v)for every type or class of land subject to a differential rate in the municipal district, the amount that would have been payable by the person had the person's land constituted that type or class of land.

(2)For the purposes of section 158(4)(a) of the Act, the following information is also prescribed—

(a)if a higher cap does not apply for the financial year under Part 8A of the Act, a statement specifying—

"Council has complied with the Victorian Government's rates cap of [insert percentage amount] per cent. The cap applies to the average annual increase of rates and charges.

The rates and charges for your property may have increased or decreased by a different percentage amount for the following reasons—

(i)the valuation of your property relative to the valuation of other properties in the municipal district;

(ii)the application of any differential rate by Council;

(iii)the inclusion of other rates and charges not covered by the Victorian Government's rates cap.";

(b)if a higher cap applies for the financial year under Part 8A of the Act, a statement specifying—

"The Victorian Government has specified a rates cap of [insert percentage amount] per cent. The cap applies to the average annual increase of rates and charges.

Council has made an application to the Essential Services Commission and a higher rates cap of [insert percentage amount] per cent applies. Council has complied with this cap.

The rates and charges for your property may have increased or decreased by a different percentage amount for the following reasons—

(i)the valuation of your property relative to the valuation of other properties in the municipal district;

(ii)the application of any differential rate by Council;

(iii)the inclusion of other rates and charges not covered by the higher rates cap.".

Note

For a notice under section 158 of the Act—see also section 25(4)(a) of the Emergency Services and Volunteers Fund Act 2012.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Local Government (General) Regulations 2025, S.R. No. 77/2025 were made on 19 August 2025 by the Governor in Council under section 243 of the Local Government Act 1989, No. 11/1989 and came into operation on 22 August 2025: regulation 3.

The Local Government (General) Regulations 2025 will sunset 10 years after the day of making on 19 August 2035 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Local Government (General) Regulations 2025 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4(a): S.R. No. 119/2015 as amended by S.R. Nos 18/2016, 156/2019, 115/2020, 71/2021 and 29/2023.

[2] Reg. 4(b): S.R. No. 18/2016.

[3] Reg. 4(c): S.R. No. 156/2019.

[4] Reg. 4(d): S.R. No. 115/2020.

[5] Reg. 4(e): S.R. No. 71/2021.

[6] Reg. 4(f): S.R. No. 29/2023.