Objecting to a market rent redetermination

Crown land tenure holders generally have the right to object to a redetermination of rent. Exceptions include:

• Independent Pricing and Regulatory Tribunal (IPART) market rent reviews for domestic waterfront and telecommunication tower licences.
• Ministerial direction for enclosure permits.
• Where some leases have specific rent rules that don’t allow objections to rent reviews.  
• Rents that are below or at the statutory minimum rent.

To object, you must have evidence that the redetermined rent is more than the market rental value of the property, or if the area, dimensions, or description of the tenure is incorrect. 

Before lodging an objection, follow these steps:

1. Only the tenure holder or a representative authorised in writing may lodge an objection. When the objection is lodged, the representative must provide us with proof of authorisation to represent the tenant and in support of any prior engagement with us on the matter.
2. Review the guidelines and relevant policies.
3. Review the form and supporting information requirements relevant to your objection.
4. Discuss your case with us.

You can lodge only one objection for each redetermination. 

• Market rental evidence for tenures with similar permitted uses in the surrounding area.
• Sales evidence of similar properties in the surrounding area. 

Consider engaging a Certified Practicing Valuer to present your case. 

We will review the objection as follows:

1. Assess the objection form and supporting documentation.
2. Contact the tenure holder if additional information or clarification is needed.
3. Arrange a conference (if required) to discuss the objection and review the market evidence.
4. Advise the tenure holder in writing of the final decision within 60 days of the date of the letter acknowledging receipt of the initial objection. Delays may be incurred if the tenure holder fails to respond to requests for additional information or arranging of a conference in a timely manner.

If the review supports an amendment, we will provide an amended Notice of Redetermination of Rent at the earliest possible opportunity. 

• The last date for submitting an objection is noted within the Notice of Redetermination of Rent (generally around 28 days).
• We may accept late objections if valid reasons and adequate supporting evidence are provided. 

While there are no charges for lodging an objection, the tenure holder will be liable for any other costs incurred in support of their objection.

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