218CBTransitional provision for maintenance of pre-amalgamation rate paths

#### 218CB Transitional provision for maintenance of pre-amalgamation rate paths 218CB Transitional provision for maintenance of pre-amalgamation rate paths > > (1) The Minister may make a determination for the purpose of requiring a new council, in levying rates for land, to maintain the rate path last applied for the land by the relevant former council. > > > (2) A determination applies to the levying of rates by the new council for the 4 rating years immediately following the rating year for which the relevant proclamation makes provision for the levying of rates (the relevant period). > > > (3) Without limiting the content of a determination, a determination is to set out the methodology that the new council is to apply when setting rates for land for the relevant period, including in relation to the following— > > > > > (a) the structure of rates, > > > > > (b) the categorisation or subcategorisation of land for rating purposes, > > > > > (c) the calculation of the new council’s notional general income for rating purposes, > > > > > (d) the treatment of any variation of a former council’s notional general income under Part 2 of Chapter 15 that would have been applicable, had the amalgamation effected by the relevant proclamation not occurred, to the determination of rates and charges for land within the new area. > > > (4) A determination must be published in the Gazette and may be revoked or varied only by a further determination of the Minister published in the Gazette. > > > (5) While a determination is in force, the provisions of this Act that apply in relation to rates are modified to the extent necessary to give effect to the determination. > > > (6) This section does not apply to a new council constituted before 12 May 2016. > > > (7) This section does not affect any power to make a proclamation under this Part relating to rates. > > > (8) Nothing in this section prevents Mid-Coast Council from making an application under section 508A during the relevant period. > > > (9) A determination under this section is to take into account a determination under section 508A made on an application referred to in subsection (8). > > > (10) A determination under section 508A made on an application referred to in subsection (8) has effect despite subsection (5). > > > (11) Any prohibition that expressly prevents any new council from making an application under section 508A that is contained in the guidelines made under that section does not apply to Mid-Coast Council. > > > (12) In this section— > > > > former council, in relation to a new council, means a council of a former area. > > > > new area means the area constituted by the amalgamation of areas (former areas) by the relevant proclamation. > > > > new council means the council of a new area constituted by section 219. > > > > relevant proclamation means the proclamation made pursuant to Part 1 of Chapter 9 that amalgamates former areas into the new area and constitutes the new council. > > **s 218CB:** Ins 2017 No 8, Sch 1. Am 2019 No 6, Sch 1 \[5\].