Local Government Act 2001

F164[Rating authority approval of a business improvement district scheme.


129B. (1) Subject to and in accordance with this Part, the rating authority for an administrative area may by resolution

(a) specify an area within the administrative area and establish that area as a business improvement district, and

(b) approve implementation of a scheme ("BID scheme") to carry out or provide one or more projects, services or works described in subsection (2) and which scheme is financed in whole or in part by BID contribution levies under this Part.

(2) The projects, services and works referred to in subsection (1)(b) shall, in the rating authoritys opinion, be

(a) for the benefit of the business improvement district and those who live, work or carry on an activity in it, and

(b) in addition to and not instead of any project, service or work carried out or provided by the rating authority immediately before approval of the scheme.

(3) Without prejudice to the generality of subsection (2)(a), a BID scheme may include plans or initiatives respecting any of the following projects, services or works:

(a) the provision, improvement or support in the business improvement district of any of the matters described in Schedule 13;

(b) the improvement or beautification of streets or footpaths in the business improvement district or any land, buildings or other structures in it;

(c) the removal of graffiti from streets or footpaths in the business improvement district or any land, buildings or other structures in it;

(d) the carrying out of studies or making of reports respecting the business improvement district;

(e) the promotion of tourism in the business improvement district or otherwise marketing or promoting activities, performances, events or use of amenity or facilities in the business improvement district.

(4) A rating authority may not approve a scheme for implementation under subsection (1)(b) unless

(a) the terms of the scheme provide that, subject to section 129S (respecting early termination), the scheme is to operate for at least one year from the time it is to come into force,

(b) the scheme has been made available to the public in accordance with section 129D and submissions from the public have been invited in accordance with section 129E,

(c) a ratepayer plebiscite has been held in respect of the scheme and a majority of the ratepayers who vote in the plebiscite vote in favour of its implementation, and

(d) having regard to submissions referred to in paragraph (b), the rating authority is of the opinion that the scheme is appropriate and does not conflict in a material way with the interests of the local community.

(5) It is necessary for the passing of a resolution under subsection (1) that at least one-third of the total number of members of the authority concerned vote in favour of the resolution.

(6) A BID scheme

(a) comes into force on the date that

(i) is agreed between the rating authority and the BID company responsible for the scheme, and

(ii) is specified in the resolution approving the scheme under subsection (1),


(b) subject to section 129S (respecting early termination), operates and has effect for the number of years (not exceeding 5 years) as may be specified in the terms of the scheme.

(7) The 5 year limit in subsection (6)(b) does not prevent a BID scheme being approved under subsection (1) for renewal for one or more further periods, each not exceeding 5 years, provided that the conditions under subsection (4) are met each time the scheme is renewed.

(8) A rating authority may not do any of the following in respect of a business improvement district for which a BID scheme is in effect:

(a) revise the boundaries of the business improvement district;

(b) consolidate the business improvement district with another business improvement district;

(c) divide the business improvement district into two or more business improvement districts.]




New Part 13A (ss. 129A-129T) inserted (24.04.2007) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 6, S.I. No. 165 of 2007.