94Rateability of certain property

94 Rateability of certain property

S. 94(1) repealed by No. 23/2009 s. 14.

(2) Despite anything to the contrary in the Local Government Act 1989, land is not occupied land for the purposes of that Act merely because any pole, wire or cable of a distribution company, transmission company or generation company is on, under or over that land.

(3) The Loy Yang B land is rateable land and an agreement under section 27 of the Loy Yang B Act 1992 in force immediately before 8 May 1997 has effect as if it had been entered into under subsection (4)(a) of this section.

(4) Despite anything in the Local Government Act 1989—

S. 94(4)(a) amended by No. 1/2017 s. 10(1)(a).

(a) a generation company, an associated entity of a generation company or an exempt generator that is liable to pay rates in respect of land used for generation functions may, instead of paying rates in respect of that land, elect by notice in writing given to the relevant council to pay amounts agreed or determined under subsection (5); or

S. 94(4)(b) amended by No. 1/2017 s. 10(1)(b).

(b) the relevant council may, by notice in writing given to a generation company, an associated entity of a generation company or an exempt generator that is liable to pay rates in respect of land used for generation functions, require that company, associated entity or exempt generator to pay, instead of rates in respect of that land, amounts agreed or determined under subsection (5).

S. 94(5) amended by No. 1/2017 s. 10(2).

(5) A generation company, associated entity or exempt generator that elects to, or is required to, pay amounts under this subsection must pay to the relevant council—

S. 94(5)(a) amended by No. 1/2017 s. 10(2).

(a) such amount or amounts as are agreed between the generation company, associated entity or exempt generator and the relevant council, at such times as are so agreed; or

S. 94(5)(b) amended by Nos 1/2017 s. 10(2), 9/2020 s. 379.

(b) if, at any time, the amount required to be paid is not the subject of an agreement under paragraph (a) or the prior determination of an arbitrator, such amount and at such times as are determined by an arbitrator jointly appointed by the generation company, associated entity or exempt generator and the relevant council or, if within a reasonable time they fail to agree on such an appointment, by the chairperson of the Victorian Local Government Grants Commission as arbitrator or by another arbitrator nominated by that chairperson.

S. 94(6) substituted by No. 33/2005 s. 4(1).

(6) In determining an amount required to be paid under subsection (5), an arbitrator must have regard to any methodology prescribed by an Order under subsection (6A).