NSWIn ForceAct
Local Government Act 1993
574Appeal on question of whether land is rateable or subject to a charge
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#### 574 Appeal on question of whether land is rateable or subject to a charge
574 Appeal on question of whether land is rateable or subject to a charge
> > (1) A person who has an estate in land, or who is the holder of a licence or permit for land under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), in respect of which a rates and charges notice is served may appeal to the Land and Environment Court—
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> > > (a) in the case of a rate—against the levying of the rate on the ground that the land or part of it is not rateable or is not rateable to a particular ordinary rate or a particular special rate, or
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> > > (b) in the case of a charge—against the levying of the charge on the ground that the land is not subject to any charge (excluding a charge limited under section 503(2)) or is not subject to the particular charge.
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> > (2) An appeal may not be made under this section on the ground that land has been wrongly categorised under Part 3.
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> > (3) An appeal must be made within 30 days after service of the rates and charges notice.
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> > (4) If the Land and Environment Court determines that only a part of land is rateable, it is required to determine the value of that part.
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> Note.
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> While the grounds of appeal concerning rates are limited to those specified in section 574, opportunity is given at different points in the rate-making process for objections, submissions (including submissions by way of objection) and applications to be made to a council concerning rates. These include—
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> > • public notice of the draft operational plan
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> > • application for change of category for purposes of ordinary rate
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> > • deferral and reduction of rates.
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> **s 574:** Am 1996 No 69, Sch 2 \[14\]; 2009 No 67, Sch 1 \[15\]; 2017 No 17, Sch 2.10 \[15\].