The Northern Territory Manual for Council Staff working with Rates and Charges
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dhcd.nt.gov.au Page 12 of 35 March 2017, version 12 An unintended consequence of revaluations can sometimes be that rates become disparate for what was previously equivalent. If council sets differential rates as a consequence, the reasons and justifications should be clearly documented. Conditionally Rateable land Conditionally rateable land is land which is held under a pastoral lease or land occupied under a mining tenement (see section142 of the LGA). However, it is important to note that these terms have a special meaning. Not all pastoral leases or mining tenements are included. Pastoral lease is defined in the Pastoral Land Act. A pastoral lease is a lease granted over Crown land for pastoral purposes and includes a pastoral homestead lease and land which, in pursuance of an arrangement under section 50 of the Pastoral Land Act, is held over by the former lessee after the expiration of the term of a pastoral lease. It is worth noting that this only applies to leases of Crown land. It is the practice of the Minister, when gazetting conditional rates on pastoral leases, to define the meaning of pastoral lease consistently with the Pastoral Land Act. Of course, there are other circumstances which might, in some contexts, be described as pastoral leases, but care needs to be taken when categorising such allotments. If pastoral leases are not of Crown land, for example a pastoral property leased from a private person, it may be preferable to categorise them as rural to avoid confusion. The principal ratepayer for such a property would be the owner as defined in the LGA. Mining tenement is defined in the LGA and is a statutory lease or authority authorising the commercial production of minerals, petroleum or natural gas from land. However, if some further statutory authorisation or approval is necessary for the commercial production of minerals, petroleum or natural gas from the land, such a lease or authority is not to be considered a mining tenement unless the further statutory authorisation or approval exists. The Minister responsible for the LGA determines the rate levels that councils can set for conditionally rateable land.