Australian Capital Territory
Rates Amendment Act 2015
A2015-44

An Act to amend the Rates Act 2004

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Rates Amendment Act 2015.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Rates Act 2004.
4	Imposition of rates
Section 14 (3), definition of AUV
substitute
AUV means—
	(a)	the average unimproved value of the parcel; or
	(b)	for airport land—the AUV of airport land under section 40C.
5	New part 5A
insert
Part 5A	Airport land
40A	Definitions—pt 5A
In this part:
Canberra Airport means Canberra Airport Pty Ltd (ACN 080 361 548).
development index—see section 40D.
growth index—see section 40E.
40B	Meaning of airport land 
In this Act:
airport land means—
	(a)	the following parcels of land:
	(i)	section 0, blocks 587, 594, 595, 614, 660, 724, 725, 726 and 727 of Majura; 
	(ii)	section 17, block 3 of Pialligo; 
	(iii)	section 28, block 3 of Pialligo; and
	(b)	any other land comprised in an airport lease granted to Canberra Airport by the Commonwealth under the Airports Act 1996 (Cwlth), section 13 (Commonwealth may grant airport lease).
40C	AUV of airport land
	(1)	The AUV of airport land as at 1 January 2015 is $23 931 667.
	(2)	The AUV of airport land as at 1 January in a later year is worked out as follows:
 
last AUV means the AUV of airport land as at the previous 1 January.
40D	Working out the development index
	(1)	For the purposes of section 40C (2), the development index is—
	(a)	until the first calendar year in which the total lettable area of airport land on 1 January of that year is equal to, or more than, 377 901m2 (the first year)—zero; and
	(b)	for the first year or a later year—the amount worked out under subsection (2).
	(2)	For subsection (1) (b), the development index is the change in the total lettable area of airport land over a calendar year, worked out as follows:
	(3)	For the purposes of working out the development index for a particular calendar year, Canberra Airport must give the commissioner, by 30 April in that year, a copy of an audited statement—
	(a)	prepared by an independent auditor appointed by Canberra Airport; and
	(b)	setting out—
	(i)	whether any development or demolition was completed in the previous calendar year; and
	(ii)	if development or demolition was completed in the previous calendar year—the total lettable area as at 1 January in the particular calendar year.
	(4)	In working out the development index for a particular calendar year, the commissioner must consider the information in the audited statement.
	(5)	In this section:
aviation activity means an activity involving 1 or more of the following: 
	(a)	a runway;
	(b)	a taxiway;
	(c)	an apron;
	(d)	a hangar;
	(e)	an aviation rescue firefighter station;
	(f)	a facility operated by Airservices Australia under the Air Services Act 1995 (Cwlth);
	(g)	a control tower;
	(h)	anything else prescribed by regulation.
gross floor area, of a terminal building—
	(a)	means the total area of all floors of the terminal building, measured from—
	(i)	the external faces of its exterior walls; or
	(ii)	the centre line of walls separating the building from another building; but
	(b)	does not include an area used only for a rooftop fixed mechanical plant or basement car parking.
last total lettable area, of airport land, on 1 January in a particular calendar year means—
	(a)	in the first year—377 901m2; and
	(b)	in a later calendar year—the total lettable area on the previous 1 January.
Method of Measurement means the Method of Measurement: Commercial – 2008 published by the Property Council of Australia on 1 July 2008. 
Note	The Method of Measurement: Commercial – 2008 may be purchased at www.propertyoz.com.au/bookshop.
total lettable area, of airport land, on 1 January in a particular calendar year—
	(a)	means the total on that day, in square metres, of—
	(i)	the following, in relation to buildings on airport land (excluding the terminal buildings), worked out in accordance with the Method of Measurement:
	(A)	the net lettable area; 
	(B)	the gross lettable area—retail; and
	(ii)	the gross floor area of the terminal buildings; but
	(b)	does not include an area—
	(i)	developed only for an aviation activity; or
	(ii)	for which a certificate of compliance under the Airports Act 1996 (Cwlth), section 107 has not been issued.
40E	Working out growth index
	(1)	For the purposes of section 40C (2), the growth index is the change in the AUV of relevant commercial land over a calendar year worked out as follows:
first commercial land AUV, for a particular calendar year, means the total AUV of all relevant commercial land on 1 January in the year ending immediately before the particular year.
relevant commercial land, for a particular calendar year, means all land in the Territory, other than airport land, that was commercial land—
	(a)	on 1 January in the particular year; and
	(b)	for the whole of the year immediately before the particular year.
second commercial land AUV, for a particular calendar year, means the total AUV of all relevant commercial land on 1 January in the particular year.
Note	Commercial land—see the dictionary.
	(2)	For the purposes of working out the growth index over a calendar year, the commissioner must give Canberra Airport information about the AUV of all relevant commercial land on 1 January in the calendar year, by 30 April in that year.
40F	Expiry—airport land provisions
The following provisions expire 15 years after the day this section commences:
	(a)	section 14 (3), definition of AUV, paragraph (b);
	(b)	part 5A;
	(c)	schedule 1, section 1.1 (3), definition of AUV, paragraph (b);
	(d)	dictionary, definitions of airport land, Canberra Airport, development index and growth index.
6	Levies
Schedule 1, section 1.1 (3), definition of AUV
substitute
AUV means—
	(a)	the average unimproved value of the parcel; or
	(b)	for airport land—the AUV of airport land worked out under section 40C.
7	Dictionary, new definitions
insert
airport land—see section 40B.
Canberra Airport, for part 5A (Airport land)—see section 40A.
development index, for part 5A (Airport land)—see section 40D.
growth index, for part 5A (Airport land)—see section 40E.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 17 September 2015.
2	Notification
	Notified under the Legislation Act on 5 November 2015.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Rates Amendment Bill 2015, which was passed by the Legislative Assembly on 29 October 2015. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2015