Local Government Act 2001

F169[BID proposal goes to ratepayer plebiscite.


129G. (1) Within 60 days of receiving written confirmation delivered in compliance with section 129F(2)(a), the rating authority concerned shall, in accordance with this section and the regulations made under subsection (6), hold a plebiscite to determine the level of support for the proposal among ratepayers of rateable property in the proposed business improvement district.

(2) Each rateable property in the proposed business improvement district shall be afforded one vote in the plebiscite.

(3) The vote under subsection (2) may only be exercised

(a) by the ratepayer of the rateable property at the time of the plebiscite, and

(b) by completing and returning a ballot paper in the form and manner prescribed under subsection (6).

(4) In the case of a rateable property where 2 or more persons own or occupy the property and are liable for rates on that property

(a) they shall be considered as one ratepayer for the purposes of subsection (3)(a),

(b) they are not entitled to vote in the plebiscite unless a majority of them concurs, and

(c) unless the vote is signed by a majority of them, it shall be disregarded for purposes of the plebiscite.

(5) No later than 45 days after receiving written confirmation under section 129F(2)(a), the rating authority concerned shall send, by ordinary post or any other means that may be prescribed by regulation, all ballot papers for completion under subsection (3) to the ratepayers concerned.

(6) The Minister may make regulations

(a) relating to and governing the conduct of a ratepayer plebiscite,

(b) prescribing the form of a ballot paper under this section and the manner in which it is to be completed and returned, and

(c) prescribing means other than post for the delivery and return of ballot papers under this section.]




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.

Editorial Notes:


Power pursuant to section exercised (24.04.2007) by Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007 (S.I. No. 166 of 2007).