Sydney Corporation (Amendment) (No 2) Act 1916 (NSW)

Sydney Corporation (Amendment) (No. 2) Act.

SYDNEY CORPORATION

(AMENDM1^]NT) (No. 2) ACT.

Act No. 12, 191G.

An Act to m ake bettor provision for tlio local g’ovoi n- George v,

inont of tlie City of Sydney ; to amend tlu; ^o. 12. Corporation (A m endm ent) Act, 1908, and certain other Acts ; and for purposes consei- qnent thereon or incidental thereto. [Assented to, 13th April, 1910.]

T ^I'i it enacted hy the King’s Most Excellent Alajesty, I P by a’iid Avith the advice and consent of the Legis­

lative Council and Legislative Assemhly of Kcav South "Wales in Parliament assembled, and hy the authority of the same, as follows :—■

1 . This Act ]nay lx; cited as the “ Sydney Corporation si.oi t title

(Amendment) (No. 2) Act, 1016,” and shall he construed with the Sydney Corporation Act, 1002 (hereinafter referred to as the Principal Act), and the Sydney Cor­ poration (Amendment) Act, 1008.

2 . Section one hundred and twenty of the Principal Amen,iment ol s. 120

Act is amended as folloAvs :— ̂ oi P rinc ipa l

(a) In subsection one after the Avords the council Act.

shall ” insert the Avords “ in any year in Avhich

it thinks fit ” ; and

(h) in subsection two after “ the thirty-first day of

Alarch in every year” insert the Avords “ in

Avhich a city rate is raised ”.

3. Subsection one of section three of the Sydiu'y Amemiment

Corporation (Amendment) Act, 1008, is hereby amended

as folloAVS :-- Cnrimration

(a) Omit paragraph (i). _

(b) At end of definition of “ratable property” insert “ ‘Patahle property or ratable land’ shall also include land the property of the Crown (whether built upon or not) ” .

62                    Sydney Corporation (Amendment) (No. 2) Act.

George V, 4. Section four of the Sydney Corporation (Amend-

No. 12. ment) Act, 3 908, is hereby amended by the insertion of

Amendment	nords “ suhjcct to soction d-A hereof” after the
of s. 4.

Ibid. words “ one thousand nine hundred and nine and

New section 5. Tlic Sydney Corporation (Amendment) Act, 1908,

to follows. 4. -g amended liy the insertion after section four

of the following section :—

4a. The council may in and for any year make and levy a general rate upon the unimproved capital value of all ratable property in the city not exceed­ ing sixpence in the pound on such value. Where any such rate is so made, no other general rate on the unimproved capital value under section four of this Act and no city rate shall he made. And the proviso to section four hereof shall he susjiended for siudi year.

This shall not he taken to affect the power of the

council to make a rate under section twenty-two of

, this Act.

Amendment 0 , Sulisection onc of scctioii elcvcn of the Sydney

f S 11 fl̂ of w V

Sydney Corporation (Amendment) Act, 1908, is amended as

Corporation follows :--	(Amendment)
Act, 1908. After “ under a lease from the council” insert the words “ or the Crown ” ;

(b) after “paid by the lessee from the council” insert the words “ or the Crown”.

New sections 7 . The following new sections are inserted next after

afters. 11. section clevcn of the said A c t:—

Ibid. . . .

11a. In any year in which the council makes and levies a rate on the unimproved capital value of land under section 4 a of this Act, the method to be adopted in ascertaining the several amounts payable as between lessor and lessee in respect of such rate in cases where the lease was made after the first day of November, one thousand nine hundred and eight, and before the passing of this Act, and in such lease the lessee has covenanted to pay municipal or city rates, shall be as follows :—The amount of such rate on the unimproved capital value in excess of three halfpence and not exceeding

fourpence

Sydney Corporation (Amendment) (No. 2) Act. 03

fourponco onc fartliiii" in the pound shall he con- George V,

sidered and taken to lx; for the purposes of adjust-

No. 12.

ment and interpretation of such covenant the amount

of the city rate under tlie Princi])al Act.

lln . Where any lease or leases relate to a part or parts of a buildini^, tlie rate njion the land upon which such Imildin^' is sit uate shall, for the purpose of determining tin' liability ;is between themselves of lessors and lessees, he deemed to be divided into portions eorrespondinij to the occupancies ; ;ind such division shall bc' in proportion to the rental values of the parts oi the building sepamtely occupied; and for this purpose the lessor shall hi' deemed to he the oecnjiier of the parts (if any) of the building which are not leased by him.

In case of ditl’erenee between lessor and lessees Avith regard to such rental values the city assessor for the time being shall have power to make an equitable apportionment between sucb jiarties, and bis decision thereon shall be linal and binding on all parties.

8. Th(' following new section is inserted at the end of New section

Part I I of tbe Sydney Corporation (Amendment) Act,

190S :-- Sydney

12a. The council shall make and collect as |

the first day of January, onc thousand nine hundred ao, lyos.

and sixteen, a fair rental charge payable by persons

owning or in possession of any pij)es, wires, cables,

or rails on, under, over, or tlirougb any public

or other ]>laces under the control of the council.

This shall not apply to the Crown.

If any dispute arises as to tin; amount of such charges, such dispute shall be finally settled by the decision of the metropolitan district court.

Such charges may be made, levied, and recovered by the council as rates.

The council shall not levy any rates on such pipes, wires, cables, or rails, or on tbe land occu­ pied thereby.

METROPOLITAN