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THE MACQUARIE SPECIAL RATES AND CHARGES MANUAL

 

 

The First 2012 Edition of the ?Macquarie Special Rates and Charges Manual? has been completely revised. It has resulted in the publication of a Second 2016 Edition of the Manual. While the Second Edition is not substantively different from the First Edition, it is nonetheless a complete revision, and it takes account of the cases that have been decided by VCAT since the First Edition was published in 2012, as well as containing references to new Local Government Regulations, which have been made last year.

 

If your Council would like to purchase a Second 2016 Edition of the ?Macquarie Special Rates and Charges Manual?, please refer to and complete the attached registration form.

 

REGISTRATION FLYER (VIA DROPBOX)

REGISTRATION FLYER (VIA WEBSITE)

 
 

What is it?

   

Expression of Interest - Second 2016 Edition 

 

In his Foreword to the First Edition of the Macquarie Special Rates and Charges Manual 2012, Stuart Morris QC (former Justice of the Supreme Court of Victoria and President of the Victorian Civil and Administrative Tribunal (VCAT)) said ?

 

 

?This procedural manual, put together by Peter Lucas of Macquarie Lawyers, will be of considerable practical advantage to councils and their advisers.  The manual does not concentrate on the problems that may emerge in devising special rate schemes, but focuses on solutions. ?  I am confident that the manual will be enthusiastically received and used by local government.?

 

The special rates and charges provisions of the Local Government Act 1989 continue to exemplify the changes in (and the challenges for) local government. As a potential source of ?additional? revenue for Councils, section 163 means that Councils should be encouraged to raise special rates and special charges for any purpose considered to be within the attainment of their objectives.

 

The First Edition of the Macquarie Special Rates and Charges Manual is in the process of being completely revised. While it is anticipated that the Second Edition will not substantively change the First Edition, the Second Edition will nonetheless draw on the lessons to be learned from the recent decision of the High Court of Australia in Isbester v Knox City Council (in relation to a Council?s administrative decision-making powers) and the several cases which have been decided by VCAT on special rates and charges since the publication of the First Edition.

 

The Second Edition will also contain new Local Government Regulations. These regulations will replace the Local Government (General) Regulations 2004 when they expire on 26 October 2015). The Second Edition will also address any consequential changes arising from the introduction of the new regulations.

The Second Edition of the Manual will continue to be a valuable tool for all Council officers who are required to prepare or administer any special rate or special charge scheme.  In the form of ?working examples? and ?completed pro-formas?, the revised Second Edition of the Manual will continue to contain all of the documentation necessary for a Council to declare and levy a special rate or special charge under section 163 of the Local Government Act 1989. Comprising what will be more than 230 pages, the revised Manual will contain all of the resolutions, public notices and declarations required by a Council to declare a special rate or special charge for ?

  • the promotion of a retail shopping centre;
  • the promotion of a commercial business precinct;
  • the construction of a road;
  • the construction of a footpath; and
  • the provision of drainage infrastructure.

The Second Edition of the Manual is due for release in the coming months . If you would like to express your Council?s interest to receive the new edition, please fill out the relevant details and email, fax or mail this form to our office.

 

 

First 2012 Edition

 

In his Foreword to the long-awaited Macquarie Special Rates and Charges Manual, Stuart Morris QC (former Justice of the Supreme Court of Victoria and President of the Victorian Civil and Administrative Tribunal (VCAT)) has said ?

 

?This procedural manual, put together by Peter Lucas of Macquarie Lawyers, will be of considerable practical advantage to councils and their advisers.  The manual does not concentrate on the problems that may emerge in devising special rate schemes, but focuses on solutions. ?  I am confident that the manual will be enthusiastically received and used by local government.?

 

Section 163 of the Local Government Act 1989 exemplifies much of the continuing changes in local government. This section enables Councils to raise special rates and special charges for any purposes which are considered to be within the attainment of their objectives. In doing this, the limited and prescriptive powers which Councils once enjoyed have been replaced with a considerably broader, and more flexible, statutory framework. The philosophy of the Act, which specifies the role and objectives of Councils and then provides all necessary enabling functions and powers, makes Councils, more than ever before, the masters of their own destiny. 

 

Now that the basic parameters of section 163 have become well-settled, all Victorian Councils will continue ? indeed should be encouraged ? to seek to explore the full potential that is offered by section 163. In order to assist Councils to fulfil their role and achieve their objectives with respect to section 163, the Macquarie Special Rates and Charges Manual will prove a valuable tool for those Council officers who are required to prepare any special rate or special charge scheme. 

 

The procedural manual consists, in the form of ?working examples? and ?completed pro-formas?, all of the documentation required for a Council to declare a special rate or special charge under section 163 of the Local Government Act 1989. Comprising approximately 230 pages, the manual contains all of the resolutions, public notices and declarations required by a Council to declare a special rate or special charge for ?

 

?             the promotion of a retail shopping centre;

?             the promotion of a commercial business precinct;

?             the construction of a road;

?             the construction of a foothpath; and

?             the provision of drainage infrastructure.

 

The manual (with Crown permission) also contains extracts from relevant legislative provisions and includes the Ministerial Guideline.

 

 To order your copy, please call us on (03) 9650 6700 or email solutions@macquarielawyers.com.au

 

 

 

What is the cost?

 

The Macquarie Special Rates and Charges Manual is available for purchase for $895 including GST and delivery (professionally printed and made available in "Act" format).

 

Please call us on (03) 9650 6700 or email solutions@macquarielawyers.com.au if you wish to obtain a copy.