Under what legal authority does Council levy rates?
The legislative authority and responsibilities of local governments are outlined by Federal Government as follows:
Local government in Australia's Federation
Local government bodies have existed in Australia since the establishment of the Adelaide Corporation (now the City of Adelaide) in 1840. Across Australia, there are now about 560 local government bodies that promote local interests and deliver important services and infrastructure. These bodies are very diverse: the areas they cover range from less than a square kilometre to almost 380,000 square kilometres, and their populations range from a few hundred to more than 1 million.
Local government is a legislative responsibility of the States and Territories and is recognised in the Constitution of each State. State parliaments determine the roles and responsibilities of local governments, and those responsibilities vary from State to State.
Chapter 7 of the Constitution of Queensland 2001» notes the following in regard to the authority and responsibilities of local governments:
Chapter 7 Local Government
|
Part 1 System of local government
|
| 70 |
System of local government |
| |
(1) There must be a system of local government in Queensland.
|
| |
(2) The system consists of a number of local governments.
|
71
|
Requirements for a local government
|
| |
(1) A local government is an elected body that is charged with the good rule and local government of a part of Queensland allocated to the body.
|
The Local Government Act 2009», promulgated by the Queensland Parliament in terms of the Queensland Constitution, says the following:
9
|
Powers of local governments generally
|
| |
(1)
a local government has the power to do anything that is necessary or
convenient for the good rule and local government of its local
government area.
|
94
|
Power to levy rates and charges
|
| |
(1) Each local government: |
| |
(a) must levy general rates on all rateable land within the local government area; and
|
| |
(b) may levy:
|
| |
(i) special rates and charges; and |
| |
(ii) utility charges; and
|
| |
(iii) separate rates and charges. |
262
|
Powers in support of responsibilities
|
| |
(c) power to charge for a service or facility, other than a service or facility for which a cost-recovery fee may be fixed. |
When does Council issue Rate Notices?
Council's financial year runs from 1 July to 30 June, and Council issues Rate Notices twice each financial year:
- in mid-August with a payment date in mid-September; and
- in mid-February with a payment date in mid-March.
How much is Council's Pensioner Rates Rebate?
Council offers a reduction in rates to eligible pensioners in the form of a Pension Rates Rebate which is currently $140 per year. The State Government Pension Rates Rebate is currently 20% of Rates up to a maximum of $200 per year.
What do ratepayers receive for their General Rates?
|
1. Road Works
- Construction of New Roads
- Maintenance of Gravel Roads
- Sealing of Roads
- Bridge Construction
- Mowing Road Reserves
- Road Drainage
- Bikeways
2. Roadside/Street Furniture
- Bus Shelters
- Street/Road Side Signage
- Seats/Benches
- Rubbish Bins
3. Street Lighting
- Maintenance/New Lighting
- Lighting for safety
4. Parks and Gardens
- Maintenance
- Drainage maintenance
- Development of New Parks
- Tree Planting
- Beautification
- Barbeques
- Park Furniture
- Shelters
- Playground Equipment
|
5. General Drainage
6. Building Services - Advice/Control
7. Planning Services - Advice/Control
8. Environment Program
- Environmental Monitoring/Licensing
- Education
9. Public Order and Safety (Local Laws, Licensing, Compliance and Administration)
10. Public Health Program
- Immunisation Clinics
- Mosquito Control
- Weed Control
- Animal Control
- Stock Pound
- Vermin Control
- Community Health Promotion
11. Community Facilities (Halls etc)
12. Community Services Programmes
- Community & Major Events
- Youth & Commnunity Development
13. Sport and Recreation Facilities
14. Libraries & Art Galleries
15. Airport
16. Public Toilets
|
How do Bundaberg's rates and charges compare with other major Queensland councils?
Bundaberg's rates continue to be one of the lowest of the major regional councils in Queensland, and the second lowest in regional Queensland after Gladstone. Only some of the big urban centres in South-East Queensland, such as Brisbane and Ipswich, as well as Gladstone in regional Queensland, have cheaper rates than Bundaberg. Cities like Brisbane and Ipswich have large commercial and industrial rating bases to boost their rates revenue and subsidise residential rates. It is also significant that our neighbouring councils of Fraser Coast, Rockhampton and Gympie have higher rates than Bundaberg. The comparison for 2012/13 is as follows:
|
Comparison of Rates
and Charges between major Queensland Councils for 2012/2013
|
|
Regional Council
|
Minimum
General Rate
|
Sewerage
|
Waste Collection
|
Water Access
|
Separate Rates
|
Total
|
Order
|
|
Brisbane
|
$485
|
$476
|
$269
|
$167
|
$77
|
$1,474
|
1
|
|
Gladstone
|
$769
|
$501
|
$258
|
$317
|
$0
|
$1,845
|
2
|
|
Ipswich
|
$760
|
$567
|
$297
|
$339
|
$39
|
$2,002
|
3
|
|
Bundaberg
|
$814
|
$555
|
$283
|
$365
|
$0
|
$2,017
|
4
|
|
Cairns
|
$788
|
$697
|
$334
|
$233
|
$0
|
$2,052
|
5
|
|
Gold
Coast
|
$767
|
$689
|
$229
|
$201
|
$173
|
$2,059
|
6
|
|
Sunshine
Coast
|
$978
|
$570
|
$229
|
$232
|
$85
|
$2,094
|
7
|
|
Redlands
|
$811
|
$730
|
$318
|
$252
|
$0
|
$2,111
|
8
|
|
Moreton
Bay
|
$740
|
$744
|
$237
|
$346
|
$52
|
$2,119
|
9
|
|
Logan
|
$686
|
$578
|
$254
|
$252
|
$389
|
$2,159
|
10
|
|
Townsville
|
$990
|
$701
|
$224
|
$310
|
$0
|
$2,225
|
11
|
|
Rockhampton
|
$1,100
|
$499
|
$346
|
$308
|
$432
|
$2,253
|
12
|
|
Gympie
|
$957
|
$587
|
$271
|
$343
|
$115
|
$2,273
|
13
|
|
Mackay
|
$984
|
$810
|
$250
|
$313
|
$102
|
$2,459
|
14
|
|
Fraser
Coast
|
$1,109
|
$665
|
$316
|
$425
|
$104
|
$2,619
|
15
|
|
Average
|
$849
|
$625
|
$274
|
$294
|
$105
|
$2,117
|
|
How are General Rates calculated?
General Rates pay for most of what Council
provides, except for the supply of Water, the treatment and disposal of Sewage, and the collection and disposal of Waste, which are separately
financed. In terms of the Local Government Act 2009, General Rates must be
calculated by Council based on the Government Value of each rateable property,
which is the value assigned to a property by the State Government Department of
Natural Resources and Mines. The amount of General Rates which a particular
property is required to pay is calculated by multiplying a property's
Government Valuation by a ‘Rate-in-the-dollar'. The Rate-in-the-dollar is
calculated by dividing the total amount of Rates Revenue that Council requires by the total value of all rateable land.
For example, if there were only
two rateable properties with values of $90,000 and $100,000, and if Council
needed to collect say $2,000 in rates to provide them with general services,
Council would calculate the rate-in-the-dollar by dividing the total amount it
needed to collect ($2,000) by the total valuation of the properties ($190,000).
So the rate-in-the-dollar in this example would be $2,000/$190,000 = 0.01053
cents in the dollar.
The amount of General Rates that each property
owner would need to pay in this example would be calculated as follows:
| Property Value |
|
Rate-in-the-dollar |
|
Rates Payable |
|
$100,000
|
x
|
0.01053 |
=
|
$1,053
|
|
$90,000
|
x
|
0.01053 |
=
|
$947
|
|
Total Income
|
|
|
=
|
$2,000
|
In simple terms a ratepayer pays 'their
share' of the income needed by Council based on the proportion of their
property's valuation to the total valuation of all properties.
What are Minimum General Rates and why are they necessary?
As noted above,
the Local Government Act prescribes that General Rates must be calculated by
multiplying a property's Government Valuation by a rate-in-the-dollar. However
the Act also provides for councils to charge all ratepayers a minimum amount
which recognizes that ratepayers have an equal opportunity to enjoy the
facilities and services provided by Council, which are financed from General
Rates. If General Rates were only based on a property's valuation, ratepayers
with relatively low property values would pay much less than those with higher
valuations for the same Council services. It is generally accepted that a
person's property value bears little relation to their use of Council's facilities
and services, therefore the application of a minimum amount is considered to be
a fairer outcome.
The effect of
applying a Minimum General Rate is illustrated in the following example of two
properties with valuations of $120,000 and $40,000. If General Rates were only
based on Property Value multiplied by a Rate-in-the-dollar, Property ‘A' in the
following example would pay three times as much General Rates as Property ‘B'
for exactly the same Council services. This is obviously unfair so Council requires each ratepayer to pay
a minimum amount of rates. For example, in 2012/2013 the minimum is $814 per annum for
Urban residential properties. Therefore in the following example, even
though the owner of the more valuable property still pays almost 50%
more than the owner of the less valuable property pays when a Minimum is
applied, at least the minimum makes the comparison
fairer than if it would be if it was based solely on valuation.
|
Property
|
Property Value
|
Rate in the
dollar
|
Rates charged
|
|
‘A'
|
$120,000
|
0.009909
|
$1,189
|
|
‘B'
|
$40,000
|
0.009909
|
$396
|
|
‘B'
|
$40,000
|
Minimum applied
|
$814
|
Currently
13,496 Bundaberg Regional Ratepayers pay a Minimum General Rate out of a total
of 43,568 ratepayers, that is 30.98%. Bundaberg Regional Council has one of the
lowest Residential Minimum General Rates in Queensland; $814 in 2012/13,
compared to the average Minimum of $849 that is applied by the larger Queensland councils.
How are Services Charges calculated?
Service Charges are levied by Council to
recover the cost of providing a specific service, for example:
- for supplying Water, or;
- for the treatment and disposal of
Sewerage, or;
- for the collection and disposal
of Waste.
These services are self-funding and their
service charges are calculated by dividing the cost of the service by the
number of ratepayers who receive the service. Ratepayers who do not receive the
service pay nothing towards financing it.
Why are Service Charges payable for properties which do not receive services?
Council's Water
Access Charge and Sewerage Charge are levied to finance the capital cost of the
Council's water and sewerage infrastructure, such as purification plants,
reservoirs and pipes which are required to deliver water to Council's defined
water supply areas and dispose of sewage from Council's defined sewerage areas.
All ratepayers with properties within a water or sewerage area are required to
pay a Water Access Charge and/or Sewerage Charge whether they are connected to
the service or not.
The
reason for this is that most ratepayers who own vacant land within a water or
sewerage area and which is not currently connected to Council's infrastructure,
plan to build on their property at some time in the future. The following
simple example illustrates why Council charges everyone in a water or sewerage
area a Water Access Charge and/or Sewerage Charge.
In this example, consider that Council has 100 ratepayers who require a water supply. Council builds a water reservoir, purification plant, and pipes to supply those 100 ratepayers with water. Then one additional ratepayer finishes building their house on their previously vacant land and requests a water supply from Council. If Council
had not provided for this in their water reservoir capacity nor laid pipes to
service the additional property, the ratepayer would have to wait
whilst Council built a new reservoir and would have to finance the entire
cost of a Council work team laying the extra meters of pipe to
extend the system to their property. That would cost all ratepayers in
that situation thousands of dollars and would delay their receipt of a water
supply during which they would have to pay to have
water trucked in.
If
that situation arose, ratepayers would rightly consider that Council was
inefficient and ineffective. That scenario would also be wasteful and
inefficient from Council's perspective as it obviously doesn't cost as much
to build a water reservoir to service 10,000 ratepayers as it would to build one for 1000 ratepayers and then
another 1000 in a couple of years time and so on. It also makes financial and
practical sense that, whilst Council's work crew is laying water pipes in an
area, they lay them for the whole area, whether it be for water or sewerage
services, rather than going back every time the next property at the end of the
current service area requests a water or sewerage service. Therefore it benefits both Council and the ratepayer
concerned if Council provides water and sewerage infrastructure to an entire area and if all the ratepayers in that area pay a portion of the cost of providing
that infrastructure. That is a much lower cost than the ratepayer would have to pay if
they requested water or sewerage services individually.
A ratepayer may never build on their vacant land, and
may consider that they are paying for a potential service they will never
benefit from. Whilst that is true, that scenario does not arise very often, as most people
build on vacant land. However if a ratepayer doesn't plan to build on
their property they will likely eventually sell it and a property that is
capable of being connected to water and sewerage services should attract
a higher market price than one that is not capable of connection,
therefore the ratepayer still benefits from the provision of those services.
What affect does a revaluation of properties have on General Rates?
The
Government Department of Natural Resources and Mines usually revalues all
properties in the Bundaberg Region each year and Council is compelled by law to
use the new valuations to calculate a ratepayer's general rates. Some
ratepayers believe that because their property's valuation has increased their
rates will increase by the same amount. This is not the case. The
amount of General Rates which a ratepayer pays is calculated by multiplying
their property's Government Valuation by a ‘Rate-in-the-dollar'. The
Rate-in-the-dollar is calculated by dividing the total amount of money that
Council needs to collect in rates by the total value of all rateable land as
illustrated in the example below. For example, if Council needed to collect
$4,000 in rates to provide three properties with general services, Council
would calculate the rate-in-the-dollar by dividing the total amount it needed
to collect ($4,000) by the total value of the properties ($301,000). So the
rate-in-the-dollar in this example would be $4,000/$301,000 = 0.013289 cents in
the dollar.
In this
example, the Department of Natural Resources and Mines revalued
Property ‘A' from $80,000 to $84,000, Property ‘B' from $101,000 to $120,000,
and Property ‘C' from $120,000 to $132,000. Council still needs to collect a
total of General Rates of $4,000 from them. Therefore Council would calculate
the new rate-in-the-dollar after the revaluation by dividing the income needed
($4,000) by the new total valuation of $336,000 which would give a new
rate-in-the-dollar of 0.011905 ($4,000/$336,000). The important thing is the
‘average' percentage valuation increase, which in this example is 12%
($336,000 - $301,000)/$301,000.
This
example illustrates that ratepayers pay rates in proportion to their property's
valuation compared to the average valuation for their rating category.
Therefore ratepayers in a rating category who have experienced a
higher-than-average valuation increase may experience an increase in rates and
those who have experienced a lower-than-average valuation increase may experience a
decrease in rates. In the following example, Property A's valuation increased
by 5% (less than average) and so its rates decreased from $1,063 to $1,000.
Property B's valuation increased by 19% (more than average) and so its rates
increased from $1,342 to $1,429. A general revaluation provides
Council with no more or less total revenue, it just redistributes
the total rates between existing ratepayers depending on the relationship
between their property's valuation and the average valuation of all properties
in their rating category.
What affect will the continued amalgamation of General Rating categories have on rates?
After
the amalgamation of Bundaberg City and Burnett, Isis and Kolan Shires in 2008 to form the Bundaberg Regional Council, the Queensland Government required all amalgamated Councils to
combine the rating categories of the former councils over a four
year period from 1 July 2008 to 30 June 2012. However Bundaberg Regional Council requested, and
the Government agreed, that General Rating Categories 6, 13 and 21 could be
amalgamated over seven years due to the significant rates increases
involved. This means that most rating categories have already been amalgamated and will receive the
'normal' increase in General Rates each year, but General Rating
Categories 6, 13 and 21 will also receive an additional increase as a
result of the necessity to amalgamate them with General Rating Categories 5, 14
and 2 respectively as illustrated below: