Notice and consultation for special rates
We must comply with the Local Government Act 1989 when proposing and establishing special rates or charges. This means we must:
- notify the public of any proposal
- evaluate the benefits of the proposed works or service to those liable to pay
- levy the rate or charge in proportion to the benefit
- undertake formal public consultation before finalising the rate or charge
- consider formal public submissions received within 28 days of the public notice
- give affected ratepayers a formal right to object if we're proposing to raise more than two-thirds of the total cost with a special rate or charge. If the majority of ratepayers object within 28 days, we can't approve the proposal. This process does not apply to drainage schemes that are required for public health.
We also often invite public comment before proposing the rate or charge, but this is not mandatory.
Under certain conditions, you may appeal to the Victorian Civil Administrative Tribunal (VCAT) if you're required to pay a special rate or charge.
For further information visit, the Know your Council website.
Proposed declaration of special rate Bentleigh Shopping Centre
- The following declaration of a Special Rate be proposed:
- A Special Rate be declared for the period commencing on 1 July 2021 and concluding on 30 June 2028.
- The Special Rate be declared for the purpose of defraying advertising, management, decoration, security, promotion and other incidental expenses associated with the encouragement of commerce in the Bentleigh Shopping Centre, which:
- Council considers is or will be a special benefit to those persons required to pay the Special Rate (and who are described in succeeding parts of this Resolution); and
- arises out of Council’s function of planning for and providing services and facilities for the local community.
- The total of the Special Rate to be levied between 1 July 2021 and 30 June 2028 be recorded as $185,700 in the first year and in each successive financial year,the total cost in the immediately preceding 12 month period increased by the Consumer Price Index (All Groups, Melbourne Index Number) rate provided by the Australian Bureau of Statistics for the 12 month period as at the March quarter.
- It be recorded that, for the purposes of Section 163(2A) of the Local Government Act 1989, the Special Rate proceeds of $185,700 or such other amount as is lawfully levied as a consequence of this Resolution will not exceed the amount calculated in accordance with the prescribed formula in section 163(2A) (R x C = S), with the 'benefit ratio' (R) being calculated at 100%, and representing the total benefits of the Special Rate scheme that will accrue as special benefits to all persons liable to pay the Special Rate.
- The following be specified as the area for which the Special Rate is so declared:
The area within the municipal district of Council highlighted in the plan attached to this Resolution ("the area").
- The following be specified as the land in relation to which the Special Rate is so declared:
All land within the area primarily used for commercial or industrial purposes or obviously adapted to or designed for being primarily used for commercial or industrial purposes.
- The following be specified as the criterion which forms the basis of the Special Rate so declared:
Ownership of any land described in part 1(f) of this Resolution.
- The following be specified as the manner in which the Special Rate so declared will be assessed and levied in respect of each parcel of rateable land: for the period between 1 July 2021 and 30 June 2022 the applicable rate of cents in the dollar (determined by Council on 1 July 2021 to raise Special Rate proceeds equal the amount described in part 1(c) of this Resolution) multiplied by the Net Annual Value of each parcel of rateable land, and thereafter a rate in the dollar (multiplied by the Net Annual Value of each parcel of rateable land) determined by Council from time to time designed to raise Special Rate proceeds equal to the amount described in part 1(c) of this Resolution.
- For the purposes of part 1(h) of this Resolution the Net Annual Value of each parcel of rateable land is the Net Annual Value of that parcel of land at the time of levying the Special Rate (so that the Net Annual Value may alter during the period in which the Special Rate is in force, reflecting any revaluations and supplementary valuations which take place).
- Having regard to the preceding parts of this Resolution but subject to Section 166(1) of the Local Government Act 1989, it be recorded that, subject to any further Resolution of Council, the Special Rate will be due and payable on the dates(s) fixed under Section 167 of the Local Government Act 1989 as the date or dates on or by which Council's general rates are due.
- It is proposed that Council’s Chief Executive Officer be authorised to levy the special rate, by sending a notice levying payment on each person liable to pay the special rate.
Current special rates
Special rates to cover marketing and promotional activities currently apply to commercial properties within the following shopping precincts:
- Bentleigh Shopping Centre
- Carnegie Shopping centre
- Elsternwick Shopping Centre
Our schemes for Carnegie Shopping Centre and Elsternwick Shopping Centre end on 30 June 2024, while the declared special rate for Bentleigh ends on 30 June 2021.
Here's the relevant documentation for these schemes:
Carnegie Shopping Centre
- Carnegie Public Notice (PDF, 97KB)
- Carnegie Special Rate Declaration (PDF, 71KB)
- Carnegie Special Rate Area Map (PDF, 451KB)
- Carnegie Main Street Marketing Plan for Businesses (PDF, 1MB)
Elsternwick Shopping Centre
- Elsternwick Public Notice (PDF, 98KB)
- Elsternwick Special Rate Declaration (PDF, 71KB)
- Elsternwick Special Rate Area Map (PDF, 744KB)
- Elsternwick Main Street Committee Marketing Proposal (PDF, 5MB)
- Elsternwick Main Street Committee Overview of Activity and Future Plans (PDF, 64KB)
How much do I pay?
The basis for calculation is the declared special rate in the dollar (different to the general rate) by the Net Annual Value (NAV) of the property, unless a minimum or maximum cap applies. The benefit levels, maximums and minimums vary between schemes.
Will we send a separate rate notice?
Yes, we'll send a separate notice for special rates in addition to your general rates notice. The special rates are payable in four instalments.
If you have any questions about our current or proposed special rates, contact our Place Making Officer on 9524 3333.