The Northern Territory Manual for Council Staff working with Rates and Charges
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dhcd.nt.gov.au Page 29 of 35 March 2017, version 12 A registration authority must cancel registration of a charge if the council applies for the cancellation. The council must apply for cancellation if the liability to which the charge relates is fully satisfied, and may apply for cancellation for any other reason. Expenses for tracing people Section 168(b)(ii) of the LGA states that rates include costs reasonably incurred by the council in recovering, or attempting to recover them. Sale of land for unpaid rates and charges When Section 173 of the LGA states that if rates have been in arrears for at least 3 years and the council has put an overriding statutory charge on the property for at least 6 months, then the council may sell the land. Notice required Prior to selling the land, the council must give notice to the principal ratepayer at the address showing on the assessment record. The notice has to specifically state the period for which rates have been in arrears, the total amount currently outstanding on the land and it must warn that if that amount is not paid in full within a stated period (at least 1 month) after the date of the notice, the council will sell the land for non-payment of rates. A copy of the notice must also be given to any other person with a registered interest in the land. A copy must also be given to the relevant Minister if the land is a pastoral or other lease granted by the Territory, or if it is a mining tenement. If the whereabouts of the person to whom the notice (or copy) is addressed cannot be found, then the notice must be published in a newspaper generally circulating in the area and a copy put in a conspicuous place on the subject land. How sale is to be effected If the full amount is not paid by the date stipulated in the notice the council may sell the land. The sale must be by public auction. A public auction must be advertised: