.LAND TAX – HERITAGE RESTRICTED LAND

REVENUE RULING NO. LT46


HERITAGE RESTRICTED LAND
(Sections 59 & 60 Land Tax Management Act 1956)

PREAMBLE

1. When land that has heritage significance becomes the subject of a permanent conservation order under the Heritage Act 1977, a heritage value is determined which is used for land tax purposes.

2. Effective from the 1993 tax year, land which is subject to an interim conservation order will be entitled to have a heritage value determined in the same manner as land which is the subject of a permanent conservation order.

3. Also effective from the 1993 tax year, land which is restricted by a planning instrument because of its heritage significance but is not subject to the Heritage Act 1977 is entitled to have its land value determined taking this restriction into account. Such land is known as "heritage restricted land".

4. This Ruling outlines how to apply to have the land value for "heritage restricted land" determined and explains the conditions that must be met.

RULING

5. Owners must apply each year for a determination of a "heritage restricted" value and the land must qualify as "heritage restricted land" at the 31 December immediately preceding the tax year.

6. A standard application form requesting a determination of a "heritage restricted" value is attached to this Ruling. The application, which is in the form of a statutory declaration, should be posted to the Chief Commissioner at the following address:

Office of State Revenue
Revenue Advisory Services
Post Bag 5215
Parramatta NSW 2124

but may also be lodged at any branch of the Office of State Revenue from where additional copies of the form can be obtained.



B.Buchanan
for CHIEF COMMISSIONER OF LAND TAX
19 April 1993.
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PLEASE NOTE: This form is now invalid - for a current form, please contact the Land & Property Information Office on:
9228 6666

(FORM 60) CLIENT No:____________
TAX YEAR:____________

APPLICATION FOR DETERMINATION OF THE LAND VALUE FOR HERITAGE RESTRICTED LAND
(Section 60 of the Land Tax Management Act, 1956)

STATUTORY DECLARATION

(Please strike out the choice not applicable to you wherever the symbol * appears.)

I/We* .................................................................................................................

of .......................................................................................................................
(current address)


apply for the concession provided by the above Act for land at ..............

..............................................................................................................
(address of the land for which the claim is made)

being land described as Lot No .......... Plan No ............ and do hereby
solemnly and since rely declare that as at 31 December ...... the following
details are correct:

1. the land was used for the purposes of ...............................................

........................................................................................................

2. the land was "heritage restricted", as defined (please see reverse
side for definition):

3. the land was not the subject of an interim or permanent conservation
order under the Heritage Act 1977; and

It is further declared that a letter from the local council is attached
showing the name of the Planning Instrument restricting the use of the land
and providing details of those restrictions.

I/We* make this solemn declaration, conscientiously believing the same to be
true, and by virtue of the provisions of the Oaths Act 1900.



................................................ ...................................................
(DECLARANT'S SIGNATURE) (DECLARANT'S SIGNATURE)


Made and Signed before me this ........... day of ............... 19 .... .



..........................................
JUSTICE OF THE PEACE

DEFINITION UNDER SECTION 60 OF THE LAND TAX MANAGEMENT ACT, 1956

Land is "heritage-restricted" as at a particular date if the Chief Commissioner has determined that it would be reasonable to make ....... assumptions ....... in respect of the land as at that date because of any provision of a planning instrument concerned with the heritage significance or heritage value of the land or any building, work or any thing on or in the land.

Those assumptions are:

(a) that the land may be used only for the purpose, if any, for
which it was used when the value is determined;

(b) that all improvements on that land when the value is determined
may be continued and maintained in order that the use of that
land as referred to in paragraph (a) may be continued;

(c) that no improvements, other than those referred to in paragraph
(b), may be made to or on that land.