The Local Government Act 1993 (NSW)(NI) includes rating provisions for Norfolk Island and stipulates three rating categories applicable to Norfolk Island: Residential, Business and Farmland. Where a portion of land cannot be categorised into one of the three categories listed above, the default category is Business.
Definition of the categories from the Local Government Act 1993 (NSW)(NI) are as follows:
Residential
(1) Land is to be categorised as “residential” if it is a parcel of rateable land valued as one assessment and:
- its dominant use is for residential accommodation (other than as a hotel, motel, guest-house, backpacker hostel or nursing home or any other form of residential accommodation (not being a boarding house or a lodging house) prescribed by the regulations), or
- in the case of vacant land, it is zoned or otherwise designated for use under an environmental planning instrument (with or without development consent) for residential purposes, or
- it is rural residential land.
Farmland
(2) Land is to be categorised as "farmland" if it is a parcel of rateable land valued as one assessment and its dominant use is for farming (that is, the business or industry of grazing, animal feedlots, dairying, pig-farming, poultry farming, viticulture, orcharding, bee-keeping, horticulture, vegetable growing, the growing of crops of any kind, forestry or aquaculture within the meaning of the Fisheries Management Act 1994, or any combination of those businesses or industries) which:
- has a significant and substantial commercial purpose or character, and
- is engaged in for the purpose of profit on a continuous or repetitive basis (whether or not a profit is actually made).
- Land is not to be categorised as farmland if it is rural residential land.
- The regulations may prescribe circumstances in which land is or is not to be categorised as farmland.
Business
(3) Land is to be categorised as "business" if it cannot be categorised as farmland or residential.