Objections to Rate Category Classification

A landowner may object:

  1. only to the categorisation of the land; and
  2. on the sole ground that, having regard to the description decided by Livingstone Shire Council by which rateable land is categorised, the land should have been included, as at the date of issue of the relevant rate notice, in another rating category.

The objection must be made by giving notice of the objection to the Chief Executive Officer, Council’s nominated Rating Decision Maker. The official objection form is available at Council’s Customer Service Centres or alternatively can be downloaded from Council’s website or via this link Notice of Objection Against Categorisation.

The notice of the objection must:

  1. be given on the approved form within 30 days after the date of issue of the rate notice or any further period allowed by Livingstone Shire Council;
  2. be addressed to The Chief Executive Officer, Livingstone Shire Council, PO Box 2292, Yeppoon QLD 4703;
  3. nominate the rating category in which the owner claims the land should have been included; and
  4. specify the facts and circumstances on which the claim is based.

On receipt of an objection the Chief Executive Officer or delegated officer will, within 60 days after the end of the period within which the objection had to be made:

  1. consider the categorisation of the land;
  2. consider the facts and circumstances on which the claim is based;
  3. decide to:
    • allow the objection; or
    • disallow the objection; or
    • decide that the land should be included in another rating category; and
    • give written notice of the decision to the owner, stating the reasons for the decision.

If the owner is not satisfied with the decision an appeal may be started by filing a notice of appeal in the Land Court registry within 35 days after the owner received notice of the decision or failure, in a form approved by the Land Court. Note that:

  • the sole ground on which an owner may object is that Council has miscategorised the land with respect to the criteria for the category in which the land has been included as at the date of issue of the relevant rate notice;
  • giving a notice of objection will not, in the meantime, affect the levy and recovery of rates (the rates as issued must be paid by the due date); and
  • if an owner’s land is included in another rating category because of the objection, an adjustment of rates will be made.

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