Local Government Act Declaration of Rates and Charges 2022/2023

Local Government Act 2019

Declaration of Rates and Charges 2022/2023

Notice is hereby given, pursuant to Section 241 of the Local Government Act 2019, that the following rates and charges were declared by the City of Darwin at the Council Meeting held Tuesday, 14 June 2022 pursuant to Chapter 11 of the Local Government Act 2019 (“the Act”) in respect of the financial year ending 30 June 2023.

Rates

City of Darwin (the “Council”) made the following declaration of the rates pursuant to Chapter 11 of the Act.

1.0 Council, pursuant to Section 227(1) of the Act, adopted the Unimproved Capital Value (as it appears on the valuation roll prepared and maintained under the Valuation of Land Act 1963) as the basis of the assessed value of allotments within the Darwin Municipality.

2.0 Council, pursuant to Section 237 of the Act, declared that it intends to raise, for general purposes by way of rates, the amount of $70,395,584 which will be raised by the application of differential valuation-based charges (differential rates) with differential minimum amounts (“minimum amounts”) being payable in application of each of those differential rates.

3.0 For the purposes of paragraph 3, “separate residential parts or units” means a dwelling house, flat or other substantially self-contained residential unit or building that is adapted for separate occupation or use (pursuant to section 226(5) of the Act).

Council declared the following differential rates and minimum amounts payable in the application of those differential rates for the financial year ending 30 June 2023:

1. 0.588492% of the assessed value of all rateable land within those parts of the municipality zoned LR, RR, R or RL under the NT Planning Scheme, with the minimum amount payable in the application of that differential rate being $1,240.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

2. 0.588492% of the assessed value of all rateable land within those parts of the municipality zoned LMR, MR or HR under the NT Planning Scheme, with the minimum amount payable in the application of that differential rate being $1,302.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

3. 0.551464% of the assessed value of all rateable land within those parts of the municipality zoned CV under the NT Planning Scheme, with the minimum amount payable in the application of that differential rate being $1,240.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

4. 0.735940% of the assessed value of all rateable land within those parts of the municipality zoned CB under the NT Planning Scheme, with the minimum amount payable in the application of that differential rate being $1,570.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

5. 0.572638% of the assessed value of all rateable land within those parts of the municipality zoned PS or CN under the NT Planning Scheme, with the minimum amount payable in the application of that differential rate being $1,293.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

6. 0.533128% of the assessed value of all rateable land within those parts of the municipality zoned OR under the NT Planning Scheme, with the minimum amount payable in the application of that differential rate being $512.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

7. 0.588492% of the assessed value of all rateable land within those parts of the municipality zoned FD, SU, CP, CL, RD or U under the NT Planning Scheme, with the minimum amount payable in the application of that differential rate being $1,302.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

8. 0.785083% of the assessed value of all rateable land within those parts of the municipality zoned C, or SC under the NT Planning Scheme other than those classes of allotments described in paragraphs (m) and (n) below, with the minimum amount payable in the application of that differential rate being $1,293.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

1. 0.652313% of the assessed value of all rateable land within those parts of the municipality zoned TC or HT under the NT Planning Scheme, with the minimum amount payable in the application of that differential rate being $1,293.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

10. 0.570014% of the assessed value of all rateable land within those parts of the municipality zoned LI under the NT Planning Scheme, with the minimum amount payable in the application of that differential rate being $1,293.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

11. 0.483833% of the assessed value of all rateable land (other than the small allotments identified below) within those parts of the municipality zoned GI or DV under the NT Planning Scheme, with the minimum amount payable in the application of that differential rate being $1,293.00 multiplied b:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

50. Council considers the following classes of allotments within the municipality zoned GI to be a different class of allotments and small allotments for the purposes of section 226(3)(b) of the Act and the example given at the foot of that section:

1. Units 1 to 3 and Units 5 to 98 comprised in Unit Plan No. 95/95;
2. Units 101 to 216 in Unit Plan 97/112;
3. Units 17 to 32 comprised in Unit Plan 98/32;
4. Lots 6244 to 6285 Hundred of Bagot; and
5. Lots 6330 to 6336 Hundred of Bagot.

Council considers that an inequity would result if the minimum amount declared in respect of rateable land within Zone GI were applied to these small allotments, and accordingly, Council declares a lesser minimum amount, being $322.00, to be payable in respect of each of these small allotments.

1000. 1.457899% of the assessed value of those classes of allotments within the municipality zoned C or SC under the NT Planning Scheme with a parcel area equal to or greater than 40,000m² and being allotments on which there is situated a major shopping centre, with the minimum amount payable in the application of that differential being $1,293.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

14. 0.785083% of the assessed value of those classes of allotments within the municipality zoned C or SC under the NT Planning Scheme with a parcel area less than 40,000m² and being allotments on which there is situated a major shopping centre, with the minimum amount payable in the application of that differential rate being $1,293.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

• 0.588492% of the assessed value of every allotment of rateable land within the municipality not otherwise described above, with the minimum amount payable in the application of that differential rate being $1,240.00 multiplied by:

1. the number of separate residential parts or units on each allotment of land; or
2. the number 1,

whichever is the greater.

4.0 Pursuant to Section 240 of the Act and Regulation 84 of the Local Government (General) Regulations 2021 (the Regulations), Council imposed the following municipal parking rate for land in Central Darwin as defined in Regulation 83 of the Regulations (the Parking Rate):

1. The amount to be raised by the imposition of the Parking Rate is $1,028,376.
2. The Parking Rate is to be an amount of $246.82 per parking space which has been calculated, assessed, levied and payable in accordance with the Regulations.
3. The parking usage schedule 2022/2023 has been prepared in accordance with Regulation 86 of the Regulations and will be notified on City of Darwin’s Website and in the Northern Territory News on 9 June 2022 in accordance with Regulation 87 of the Regulations. A person may inspect the parking usage schedule free of charge.
4. An application for a review in relation to an entry in the parking usage schedule may be made in accordance with regulation 88 of the Regulations. An application for a review must be made no later than 8 July 2022.
5. The Parking Rate will be applied by Council to the trading fund established pursuant to Regulation 85 of the Regulations.

Charges

5.0 Pursuant to Section 239 of the Act, Council declared that it intends to raise $8,790,636 and declares and imposes the following charges for the financial year ending 30 June 2023 for the purpose of enabling or assisting Council to meet the cost of the garbage collection and recycling collection services and the waste disposal services it provides for the benefit of residential land within the municipality and the occupiers of such land:

1. (a) A charge of $311.85 per annum per residential dwelling in respect of kerbside garbage and recycling collection services and a waste disposal service provided for the benefit of, or which Council is willing and able to provide for the benefit of, each residential dwelling within the municipality other than a residential dwelling as described in Parts 1, 2 and 3 of the Schedule below and the occupiers of such land.

The services are:

1. a kerbside garbage collection service of one visit per week; and
2. a kerbside recycling collection service of one visit per fortnight,

with the collection of waste contained in a maximum of one 240 litre mobile bin per garbage collection or recycling collection visit; and

3. (iii) access to the SBWDS, by means of an access tag of such type as may be provided by the Council, to enable the owner or occupier of such residential dwelling to dispose of such waste items as may be accepted by the operator of the SBWDS from time to time. Council will provide one access tag for each such residential dwelling. Additional or replacement tags can be purchased for the fee determined by Council from time to time.
4. A charge of $290.85 per annum per residential dwelling in respect of non kerbside (communal) garbage and recycling collection services and a waste disposal service provided for the benefit of, or which Council is willing and able to provide for the benefit of, each residential dwelling within the municipality where the number of residential dwellings (as the case may be) exceeds three (3).

The services to be provided by Council are as described in Part 1 of the Schedule below and in Parts 2 & 3 of the Schedule below where the facilities in and about the residential dwellings meet the requirements of the Council for the purposes of providing the services, and Council has not approved of an alternative regular garbage and recycling collection service.

3. For the purposes of this paragraph 5:

1. “residential dwelling” means a dwelling house, flat or other substantially self contained residential unit or building on residential land and includes a unit within the meaning of the Unit Titles Act and the Unit Title Schemes Act;
2. “residential land” means land used or capable of being used for residential purposes (but does not include land on which there is no residential dwelling); and
3. “SBWDS” means the Shoal Bay Waste Disposal Site located at Lot 3952 Town of Sanderson.

Relevant interest rate

6.0 The relevant interest rate for the late payment of rates and charges is fixed in accordance with Section 245 of the Act at the rate of 18.0% per annum and is to be calculated on a daily basis.

Payment

7.0 Rates and charges declared under this declaration may be paid by four (4) approximately equal instalments on the following dates, namely:

• First Instalment: 30 September 2022
• Second Instalment: 30 November 2022
• Third Instalment: 31 January 2023
• Fourth Instalment: 31 March 2023

Instalments falling due on a weekend or public holiday may be paid by the following business day, without incurring any penalty.

0. Details of due dates and specified amounts will be listed on the relevant Rates Notice.

9.0 Variations to those options for payment will be administered according to the conditions outlined on the front and reverse of the Rates Notice.

A ratepayer who fails to abide by such conditions may be sued for recovery of the principal amount of the rates and charges, late payment penalties, and costs reasonably incurred by Council in recovering or attempting to recover the rates and charges. If rates are payable by the owner of the land and are not paid by the due date, they become a charge on the land to which they relate, except within an Aboriginal community living area. In addition, Council may apply to register its charge over the land and sell the land to recover unpaid rates and charges.

SCHEDULE: CITY OF DARWIN GARBAGE AND RECYCLING COLLECTION SERVICES

PART 1 –

Communal Services for more than 3 residential dwellings

The services are –

(a) two (2) non-kerbside garbage collections per week; and

(b) one (1) non-kerbside recycling collection per week,

with the collection of waste and recycled items contained in the number of bins for garbage and recycling collections being as set out in the table below; and

(c) access to the SBWDS, by means of an access tag of such type as may be provided by the Council, to enable the owner or occupier of such residential dwelling to dispose of such waste items as may be accepted by the operator of the SBWDS from time to time. Council will provide one access tag for each such residential dwelling. Additional or replacement tags can be purchased for the fee determined by Council from time to time.

PART 2 –

Communal Services for more than 12 residential dwellings which have facilities that meet the requirements of Council

The services are –

(a) two (2) non-kerbside garbage collections per week; and

(b) one (1) non-kerbside recycling collection per week,

with the collection of waste and recycled items contained in the number of bins for garbage and recycling collections being as set out in the table below; and

(c) access to the SBWDS, by means of an access tag of such type as may be provided by the Council, to enable the owner or occupier of such residential dwelling to dispose of such waste items as may be accepted by the operator of the SBWDS from time to time. Council will provide one access tag for each such residential dwelling. Additional or replacement tags can be purchased for the fee determined by Council from time to time.

PART 3 –

Communal Services for more than 40 residential dwellings which have facilities that meet the requirements of Council

The services are –

(a) two (2) non-kerbside garbage collections per week; and

(b) one (1) non-kerbside recycling collection per week,

with the collection of waste and recycled items contained in the number of bins for garbage and recycling collections being as set out in the table below; and

(c) access to the SBWDS, by means of an access tag of such type as may be provided by the Council, to enable the owner or occupier of such residential dwelling to dispose of such waste items as may be accepted by the operator of the SBWDS from time to time. Council will provide one access tag for each such residential dwelling. Additional or replacement tags can be purchased for the fee determined by Council from time to time.