19CPartially exempt land: flood prevention structure

19C Partially exempt land: flood prevention structure

[Section 19C Inserted by No. 41 of 2013, s. 39, Applied:01 Jul 2013]

(1)  [Section 19C Subsection (1) amended by No. 21 of 2014, s. 23, Applied:01 Jul 2013] Land tax is not payable in respect of land that contains a flood prevention structure, where the land is held or owned by a local authority or other local governing body or statutory public body (other than an applicable authority as defined in section 39A of the Local Government Act 1993 ).

(2)  [Section 19C Subsection (2) amended by No. 21 of 2014, s. 23, Applied:01 Jul 2013] However, for the purposes of subsection (1) , if any part of land is not used for the purposes of a flood prevention structure, the Commissioner is to apportion the land value of the land between exempt land and general land, for which purpose –

(a) [Section 19C Subsection (2) amended by No. 21 of 2014, s. 23, Applied:01 Jul 2013] the apportioned assessed land value in respect of exempt land is to be determined by multiplying the assessed land value of the land by the proportion of the land on which the flood prevention structure is situated; and

(b) the apportioned assessed land value in respect of general land is to be the assessed land value of the land less the apportioned assessed land value in respect of exempt land calculated under paragraph (a) .

(3)  [Section 19C Subsection (3) substituted by No. 21 of 2014, s. 23, Applied:01 Jul 2013] In this section –

flood prevention structure means any of the following things:

(a) a flood levee, a stormwater basin or a subterranean stormwater drain, whether the levee, basin or drain is a naturally occurring phenomenon or a man-made structure;