Since 1977, certain council revenues (known as general income) have been regulated in NSW under an arrangement known as ‘rate pegging’.
Rate pegging limits the amount which councils can increase their general income. General revenue mainly comprises of rates revenue, but also includes certain annual charges. It excludes storm water and waste charges, and water and sewerage charges.
The rate peg is the maximum percentage amount that a council may increase its general income for the year. Previously, the rate peg was set by the Minister for Local Government. Since 2011-12, it has been set by IPART under a delegation by the Minister for Local Government.
In 2010 the NSW Government gave IPART new functions in regulating council rate increases. These roles and functions included:
> determining the rate peg (the maximum allowable increase in local government general income)
> establishing a Local Government Cost Index and having regard to a productivity factor to be used in setting the rate peg
> reviewing applications from councils for special rate variations and determining those special rate variations
> reviewing applications from councils for minimum rates above the statutory limit and determining minimum rate increases.
The Minister for Local Government delegated to us certain rate setting functions and powers under the Local Government Act 1993. We are, therefore, the decision-making body.
The productivity factor is an adjustment to the LGCI to allow ratepayers to share in the efficiency gains made by councils.
The rate peg sets the maximum increase in each council’s ‘general income’ for the financial year. The main component of general income is rates revenue. General income does not include other forms of revenue such as fees, fines, water or sewerage rates, domestic waste management charges and developer charges. It does include a small number of annual charges for some councils, such as drainage levies.
The rate peg does not apply to individual ratepayers’ rates. The rate peg applies to a council’s ‘general income’ in total. Councils can determine how to allocate this increase between different ratepayer categories. Individual rates are also affected by other factors, such as land valuations. Therefore, an individual ratepayer’s rates may increase by more or less than the rate peg amount.
Within rate pegging, it is possible for some rates to increase by more than the rate peg limit while others may increase by less than the rate peg limit. In some cases, rates may decrease from the previous year.
A council’s rating structure and valuation changes are the main factors that will determine what happens to rates on an individual property. A general revaluation by the Valuer-General may result in the value of some land in a council area increasing or decreasing by more than other land. Where this happens the rates burden will shift. Councils may decide to vary rating structures from year to year to compensate for this.
Yes. Rate pegging applies to a council’s overall general income and not to rates on individual properties. Within rate pegging, it is possible for some rates to increase by more than the rate peg percentage, while other rates may increase by less than the rate peg limit. In some cases, rates may decrease from the previous year. A council’s rating structure and valuation changes are the main factors that determine what happens to rates on an individual property. Rating structures may change significantly from year to year.
No. Only certain rates and charges are subject to rate pegging. Rates and charges for waste management, water, sewerage and stormwater are not subject to rate pegging.
IPART determines the rate peg that will apply to all councils for the year using a Local Government Cost Index. The Index assists in calculating the operational costs of councils in New South Wales.
The rate peg percentage is calculated by subtracting a determined productivity factor for councils from the Local Government Cost Index.
For 2021-22, IPART calculated the rate peg of 2.0% by taking the increase in the Local Government Cost Index (LGCI) to June 2020 of 1.8%, setting the productivity factor to 0.0%, and adding an adjustment of 0.2% for the costs of the 2021 local government elections.
2020-21 - 2.6%
2019-20 - 2.7%
2018-19 - 2.3%
2017-18 - 1.5%
2016-17 - 1.8%
2015-16 - 2.4%
2014-15 - 2.3%
2013-14 - 3.4%
2012-13 - 3.6%
2011-12 - 2.8%
2010-11 - 2.6%
2009-10 - 3.5%
2008-09 - 3.2%
2007-08 - 3.4%
2006-07 - 3.6%
2005-06 - 3.5%
A special variation (or special rate variation) allows councils to increase their general income above the rate peg. There are a range of reasons why a council may apply for a special rate variation, such as
- to address the financial sustainability of the council
- funding new or enhanced community services to meet growing demand in the community
- funding the development and/or maintenance of essential community infrastructure
- funding projects of regional significance
- covering special cost pressures that the council faces.
There are two types of special variations that a council may apply for under the Local Government Act 1993:
a single variation (section 508(2)) or
a variation each yeah for 2 to 7 consecutive years (section 508A).
IPART assesses applications for special rate variations in accordance with the criteria in the guidelines published each year by the Office of Local Government (OLG). The Special Rate Variations Guidelines are published on our website. The current criteria can be found in the Guidelines here.
Councils are required to consult with their communities regarding their expenditure and revenue plans as part of their Integrated Planning and Reporting (IP&R) activities. We therefore encourage members of the community to participate in their council’s community engagement processes. We do however allow submissions from interested groups or individual ratepayers regarding special variations applications once we receive an application from a council.
Submissions can be made online where applications are posted on the IPART website, or can be emailed to email@example.com, or posted to:
Local Government Team
Independent Pricing and Regulatory Tribunal of NSW
PO Box K35
Haymarket Post Shop, NSW 1240
Yes. IPART requires all councils to report on the outcomes from their expenditure of the special variation in their annual reports. This reporting is monitored by the Office of Local Government.
Communities must be able to see that revenue from these rate increases are spent as intended. Ultimately, in cases of serious or unexplained non-compliance with conditions attached to special rate variations, OLG could recommend that IPART vary or revoke a determination.
These are a specific type of rate, where a minimum amount may be levied on each parcel of land, regardless of land value. Some, but not all, councils levy minimum rates. Councils need to apply to IPART for minimum rate increases when they levy minimum rates in a particular rating category or sub-category and seek to increase these rates above what is referred to in the Local Government Act 1993 (the Act) as “the statutory limit”.
Minimums for special rates are treated differently to minimums for ordinary rates under the Act (section 548(3)(b)). The statutory limit for special rate minimums is set at $2 in the Act which means that councils must apply every time they wish to increase the minimum amount of a special rate, even if just by the rate peg.
IPART assesses minimum rate applications in accordance with the Minimum Rate Guidelines published by the Office of Local Government (OLG). The Guidelines can be found on our website here.
IPART will undertake an assessment of the application overall rather than a checklist of the criteria.