PO Box 105 Lilydale Vic 3140 DX 34051 Telephone: 1300 368 333 Facsimile (03) 9735 4249 E-mail: mail@yarraranges.vic.gov.au YARRA RANGES COUNCIL APPLICATION FOR CLASSIFICATION OF RATEABLE PROPERTY AS“FARM LAND” In determining whether a property is suitable for farming rating classification, the primary use or activity on the property must be identified. The farming use must be intensive enough and of sufficient scale to outweigh any residential use of the property. The use of the term “primary use” does not refer to area only. All the evidence relating to the use to which the land is put will be assessed, including the nature and intensity of the residential and agricultural use, the physical areas over which they extend and the time, labour and expenses involved in conducting the agricultural use. Essentially, the primary use of the land must be agricultural purposes. It should be noted that a business must be conducted on the land and that business must be the sole and primary use of the land. Under Section 2(1) of the Valuation of Land Act 1960 defines “farm land” as: (a) that is not less than 2 hectares in area; and (b) that is use primarily for grazing (including agistment), dairying, pig-farming, poultry farming, tree-farming, bee keeping, viticulture, horticulture, fruit-growing or the growing of crops of any kind or for any combination of those activities; and (c) that is used by a business; (i) and that has a significant and substantial commercial purposed or character; (ii) that seeks to make a profit on a continuous or repetitive basis from its activities on the land; and (iii) that is making a profit from its activities on the land, or that has a reasonable prospect of making a profit from its activities on the land if it continues to operate in the way that it is operating. There are a number of “rural” uses that, over time, have been identified by the Victorian Civil and Administrative Tribunal as not “being eligible” for farm land rating. Hobby farms and rural retreats are not considered to be true farming business. This also includes the grazing and agistment of recreational horses as the horses in this context are not being used as farm animals. Council will determine each application on the basis of the details provided in the application and the Valuer’s recommendation. Applications can take up to 3 months to assess due to the nature of the investigation required. Our assessment of your application can be greatly assisted by you providing as much detail regarding current operations, income and expenditure on your agricultural business. Details of future plans to further develop or diversify your business is also helpful as a demonstration of your commitment to the ongoing viability of your business and use of the land for agricultural purposes. When your application is received, it will be forwarded to our Valuer for assessment. They will contact you shortly to arrange an inspection of your property and it is helpful if you could also be available at this time to answer any questions we may have. Once the application has been assessed, we will notify you in writing of Council’s decision regarding your application. If the application is successful in obtaining a Farm Land Classification, for rating purposes it will be backdated to the date of the application and a revised rate notice will be forwarded to you reflecting the farm land classification. Please note, if you have received your rate notice, payment of rates should be made in accordance with the Rate Notice issued until you receive the revised notice. If your application is unsuccessful in obtaining a Farm land rate and circumstances in respect to your property change, you may reapply to Council for your property to be considered for classification as Farm Land at any time. If you are unhappy with the evaluation you may apply to VCAT for a review of the decision. An application for review must be made within 30 days of receiving your letter of refusal from Council. For more information about lodging an appeal visit the VCAT website at www.vcat.vic.gov.au. The following list outlines the rules and application process for Farm Land rating in accordance with section 2.2.3 of Council’s Declaration of Rates and Charges: It is the responsibility of the owner to make a Farm Land rating application to Council. It is the owner’s responsibility to ensure this application is received by Council. If the application is successful, the Farm Land rating will only be applied from the date the application is received. When a property receiving a Farm Land rate changes ownership, this Farm Land rate is cancelled and an application for this rate must be made by the new owners. Council reserves the right to review Farm Land rated properties at any time. I hope the information is of assistance in the processing of a Farm Land Classification, please do not hesitate to contact Property Rating Services on 1300 368 333 to ascertain the progress of the application. REQUEST FOR CONSIDERATION I, …………………………………………………………………………………………………….. (Full Name – Block Letters) of…………………………………………………………………………………………………….. ………………………………………………………………………………………………………. (Full Address – Block Letters) Telephone:…………………………..(Home)………………………………(Work) advise that the rateable property detailed in this application is being used primarily for………………………………………………………………………………………………..and request that it be considered for classification as Farm Land as from the date of this application. LAND DETAILS. A. Particulars of land within this municipality for which classification is requested. Property Address: No. B. Total Locality / Township Title Description Lot No.-Plan No.-Crown Allot. No. Land Area Acres / Hectares Give details of any land outside this municipality used in conjunction with the subject property for the conduct of the activity. Property Address: No. C. Address Address Locality / Township Title Description Lot No.-Plan No.Crown Allot. No. Summary of all lands used for the business ……………………….. Acres / Hectares Freehold ……………………….. _________________ Acres / Hectares Leasehold _________________ Acres / Hectares Land Area Acres/Hect ares D. IMPROVEMENTS Fencing (Describe types, condition and number of paddocks and yards) ……………………………………………………………………………………………………… Are the boundaries securely fenced? Yes / No Description of water supply (eg. bores, dams, drinking troughs, mains, waterholes). ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… Water Rights / Licenses Yes / No If Yes, what area is leased and at what Licence fee. ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… Pastures (Describe types, areas) ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… Soil Types & Break up ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… Structural improvements (Describe types eg. stockyards & crush, etc.) ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… Details of dwelling(s) and/or other buildings / structures on the property, and who occupies / uses them. Types Eg.Dwelling, Workshop Size Construction, and Condition Age Occupant(s) Area of land devoted to residential use ………….(percentage.) Area of land devoted to uses other than the defined business or residential use. Specify use ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ………………………………and area …………………………………………………………... Is all the land covered by this application suitable for farming purposes?Yes / No If No please specify. Area of Bush Area of Swamp Area of Water Course Other Non – Useable Areas E. Hectares PRODUCTION AND TRADING FIGURES ACTIVITY PRODUCTION (eg. No. of Head, Volume, Weight) Previous Financial Year - Grazing - Dairying - Pig – Farming - Poultry – Farming - Fish – Farming - Tree – Farming - Bee Keeping - Viticulture - Horticulture - Fruit Growing - Crops - Other (Give Details) GROSS BUSINESS RETURN - Sale of Stock or Produce - Agistment Fees / Rental - Fees for Breeding / Hiring etc. - Other (Give Details) TOTAL GROSS RETURN OPERATING COSTS OF FARM BUSINESS: - Feed - Fertiliser - Repairs and Maintenance - Wages - Rates / Taxes - Rental - Power - Stock Purchases - Advertising - Insurances - Other (Give Details) TOTAL COSTS NETT INCOME Last Year Financial This Financial Year Estimate F. OTHER INFORMATION Is there any other information that you would wish to provide in support of your application?(eg. Any planning permit applications lodged with the Council). If so, please set out details below and attach such additional documents as you think may assist the Manager of the Property Department in determining your application. ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… G. EMPLOYEES Do you employ any other person (s) to work the property? Yes / No If yes, please provide details of the number of persons employed and a general description of their duties. ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… …….………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… H. STATUTORY RECOGNITION Details are required of recognition of the business for farming / primary production purposes by the State Revenue Office, Australian Taxation Office, etc. Business Name…………………………………………………………………………………… Registration Number……………………………………………………………………………… Licence(s), Registrations? Yes / No Primary Producer averaging provisions allowed? Yes / No I. DECLARATION I believe that all the information contained in this application meet the criteria required to enable the subject property to be classified as Farm Land. I declare that it is true and correct to the best of my knowledge and belief, and if required can be supported by documented evidence on demand. ………………………………………………… Signature of Applicant ………………………… Date …………………………………………………….. …………………………. Witness Date Address of Witness: ………………………………………………. ………………………………………………. ……………………………………………….