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2021-08-10 P&E Agenda - Item 6 - Attachment 1 - Noosa Shire Council Charges Resolution (No 6) 2021

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                                 Planning & Environment Committee Agenda
                                                           10 August 2021
                                                     Item 6 - Attachment 1




Noosa Shire Council
Charges Resolution (No.6) 2021



Effective Date: 20 August 2021
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Section 2

                                                               2
                                                      Noosa Shire Council
                                                 Charges Resolution (No.6) 2021



Noosa Shire Council
Charges Resolution (No.6) 2021

Contents

                                                                                                                                                  Page
Part 1   Introduction ................................................................................................................................. 4
1.       Preliminary ................................................................................................................................... 4
         1.1           Short title                                                                                                                      4
         1.2           Planning Legislation                                                                                                             4
         1.3           Effect                                                                                                                           4
         1.4           Purpose of the resolution                                                                                                        4
         1.5           Interpretation                                                                                                                   4
2.       Application of the adopted infrastructure charge ................................................................... 7
         2.1           Purpose                                                                                                                          7
         2.2           Effect of the Chapter 4 of the Planning Act 2016 in the local government area                                                    7
         2.3           Application of the resolution to the local government area                                                                       7
         2.4           Application to particular development                                                                                            7
         2.5           Categorisation of uses to development classes                                                                                    8
3.       Assumptions about future development .................................................................................. 8
         3.1           Purpose                                                                                                                          8
         3.2           Development assumptions about future development                                                                                 8
4.       Priority infrastructure area ......................................................................................................... 8
         4.1           Purpose                                                                                                                          8
         4.2           Priority infrastructure area                                                                                                     8
Part 2   Trunk infrastructure networks ................................................................................................... 9
5.       Trunk infrastructure plans ......................................................................................................... 9
         5.1           Purpose                                                                                                                          9
         5.2           Schedule of works for trunk infrastructure                                                                                       9
         5.3           Trunk infrastructure network systems and items                                                                                   9
         5.4           Trunk infrastructure plans                                                                                                       9
6.       Desired standard of service ....................................................................................................... 9
         6.1           Purpose                                                                                                                          9
         6.2           Desired standards of service for trunk infrastructure                                                                            9
7.       Establishment cost for trunk infrastructure networks ............................................................ 9
         7.1           Purpose                                                                                                                          9
         7.2           Establishment cost for a trunk infrastructure network                                                                            9




                                         Council Resolution effective 20 August 2021

Section 3

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                                                     Noosa Shire Council
                                                Charges Resolution (No.6) 2021



Part 3   Levied charge ............................................................................................................................ 10
8.       Levied infrastructure charge.................................................................................................... 10
         8.1           Purpose                                                                                                                    10
         8.2           Calculation of Council levied charge                                                                                       10
         8.3           Council adopted charge rate                                                                                                12
         8.4           Credit                                                                                                                     13
         8.5           Additional credit for past contribution or charge                                                                          13
9.       Administration of levied charge .............................................................................................. 14
         9.1           Purpose                                                                                                                    14
         9.2           Subsidy for a levied charge                                                                                                14
         9.3           Time of payment of a levied charge                                                                                         14
         9.4           Alternatives to paying a levied charge                                                                                     14
         9.5           Automatic increase provision of levied charge                                                                              14
         9.6           Infrastructure charges taken to be a rate                                                                                  15
         9.7           Interest on overdue charges                                                                                                15
         9.8           Goods and services tax                                                                                                     15
10.      Allocation of adopted infrastructure charge (breakup agreement) ..................................... 15
         10.1          Purpose                                                                                                                    15
         10.2          Allocation of adopted infrastructure charge to the Council and the distributor-
                       retailer (breakup agreement)                                                    15
         10.3          Allocation of levied charge to trunk infrastructure networks                                                               17
         10.4          Schedule of Council Adopted Infrastructure Charges (under breakup agreement)18
Part 4   Offset and refund for Council trunk infrastructure................................................................ 24
11.      Infrastructure offset .................................................................................................................. 24
         11.1          Purpose                                                                                                                    24
         11.2          Application of section                                                                                                     24
         11.3          Establishment cost for an infrastructure offset                                                                            24
         11.4          Recalculation of establishment cost for an infrastructure offset                                                           24
12.      Refund of an unused infrastructure offset ............................................................................. 26
         12.1          Purpose                                                                                                                    26
         12.2          Application of section                                                                                                     27
         12.3          Payment of a refund                                                                                                        27
13.      Conversion Applications .......................................................................................................... 27
         13.1          Purpose                                                                                                                    27
         13.2          Application of section                                                                                                     27
         13.3          Conversion application process                                                                                             28
         13.4          Notice of decision                                                                                                         28
         13.5          Effect of conversion application decision                                                                                  28
         13.6          Criteria for deciding a conversion application                                                                             28


                                        Council Resolution effective 20 August 2021

Section 4

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                                               Noosa Shire Council
                                          Charges Resolution (No.6) 2021




       Part 1                       Introduction

  1.          Preliminary
1.1     Short title

        The charges resolution may be cited as Noosa Shire Council Charges Resolution (No.6)
        2021.

1.2     Planning Legislation

        (1)        The resolution is made pursuant to section 113 of the Planning Act 2016.

        (2)        The resolution is to be read in conjunction with the following:
                   (a)      the Planning Regulation 2017;
                   (b)      the local planning instrument.

        (3)        The resolution is attached to but does not form part of the local planning
                   instrument.

1.3     Effect

        The resolution has effect from 20 August 2021.

1.4     Purpose of the resolution

        The purpose of the resolution is to assist with the implementation of the local planning
        instrument by stating the following:
                   (a)      an adopted infrastructure charge for determining the levied charge for
                            funding part of the establishment cost of the following trunk infrastructure
                            networks:
                            (i)         transport network;
                            (ii)        public parks and land for community facilities network;
                            (iii)       stormwater network;
                            (iv)        water supply network;
                            (v)         sewerage network;

                   (b)      stating other matters relevant to the adopted infrastructure charge.


1.5     Interpretation

        (1)     In this resolution:

                   adopted charge rate means the charge to be applied for the purpose of
                   calculating a levied charge as stated in section 8.3 (Council adopted charge rate).

                   base date means the date being:



                                     Council Resolution effective 20 August 2021

Section 5

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                        Noosa Shire Council
                   Charges Resolution (No.6) 2021



(a)      The date for the financial year applying to the adopted charge rates
         specified in section 10.4 (Schedule of Council Adopted Infrastructure
         Charges (under breakup agreement)).
(b)      The date stated in the LGIP for estimates of the establishment costs for
         the local government’s trunk infrastructure networks;
(c)      The date stated in the Netserve Plan for estimates of the establishment
         costs for the distributor-retailer’s trunk infrastructure networks.

bedroom means an area of a building or structure which:

(a)      is used, designed or intended for use for sleeping (but excludes a lounge
         room, dining room, living room, kitchen, water closet, bathroom, laundry,
         garage or plant room); or

(b)      other habitable rooms that can be used for sleeping such as a den,
         library, study, loft, media or home entertainment room, library, family or
         rumpus room or other similar space. (Non-habitable rooms will not be
         considered in the calculation of infrastructure charges)

breakup agreement means the agreement between the local government and
the distributor-retailer determining the proportion of the maximum adopted
charges to apply to each entity.

Council means Noosa Shire Council.

court area means the area of premises where the leisure, sport or recreation
activity is conducted and excludes the area of the premises not used for
conducting the leisure, sport or recreation activity, such as areas for spectators,
office or administration, amenities or food and beverages.

credit means the amount to be applied for the purpose of reducing an adopted
infrastructure charge which takes into account the existing usage of the trunk
infrastructure networks by the premises on or in relation to which development is
carried out as calculated in section 8.4 (Credit) and 8.5 (Additional credit for past
contribution or charge).

demand means the deemed usage of the trunk infrastructure networks by the
development on the premises and correlates to the charge rates for the use/s
stated in section 8.3 (Council adopted charge rate) as the designated demand
unit for the purpose of calculating the levied charge stated in section 8.2
(Calculation of Council levied charge). Refer also to the administrative term
“demand unit” in Schedule 4 of the Planning Regulation 2017.



              Council Resolution effective 20 August 2021

Section 6

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                          Noosa Shire Council
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distributor-retailer means the Northern SEQ Distributor-Retailer Authority
(trading as Unitywater).

food preparation facilities means an area of a room capable of being used for
the preparation of food in a dwelling or in a commercial establishment and
generally includes a bench with a plumbed sink and space for a refrigerator (full
or mini bar size). It may also utilise hardwired or plug-in type appliances.

gross floor area (GFA) has the meaning defined in Schedule 24 of the Planning
Regulation 2017 and The Noosa Plan 2020.

habitable room means any room of a dwelling other than a bathroom, laundry,
toilet, pantry, walk-in wardrobe, corridor, stair, lobby, photographic darkroom,
clothes drying room and other space of a specialised nature occupied neither
frequently nor for extended periods.

impervious area means the area of the premises that is impervious to rainfall.
This includes all roofed, decked, paved, concreted, bitumen or other type of
sealed areas.

Local government infrastructure plan (LGIP) means part of the specified local
government planning scheme as defined in Schedule 2 Dictionary of the Planning
Act 2016.

Local planning instrument means the: The Noosa Plan 2020 or The Noosa
Plan 2006 (superseded) planning scheme.

Netserv plan means the distributor-retailer’s plan and its service about its water
and wastewater networks as required by the South-East Queensland Water
(Distribution and Retail Restructuring) Act 2009.

planned date means the date scheduled for the provision of trunk infrastructure
stated in the schedule of works for trunk infrastructure referenced in the LGIP.

Planning Regulation means the Planning Regulation 2017 made under the
Planning Act 2016.

residential lot means a lot that is located in the Low, Medium and High Density
Residential Zones, Tourist Accommodation Zone, Rural and Rural Residential
Zones.




                Council Resolution effective 20 August 2021

Section 7

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                                         Noosa Shire Council
                                    Charges Resolution (No.6) 2021



                 suite means a single room or a set of connecting rooms that can operate as a
                 single occupancy/tenancy for accommodation purposes.

       (2)     A term defined in the Planning Act 2016 or Planning Regulation 2017 which is used
               in the resolution has the meaning given in the Planning Act 2016 or Planning
               Regulation 2017.

       (3)     If a term is not defined in the resolution, Local planning instrument, Planning Act
               2016 or the Planning Regulation 2017 the term is to, subject to section 14A
               (Interpretation best achieving Act’s purpose) of the Acts Interpretation Act 1954,
               have the meaning assigned to it by the edition of the Macquarie Dictionary that is
               current at the commencement date.

       (4)     Development that is “capable of being used” for a particular purpose, will be
               assessed for infrastructure charges applicable to the appropriate planning scheme
               “use” and/or “administrative” definition.


  2.         Application of the adopted infrastructure charge
2.1    Purpose

       Section 2 states the following:
                 (a)      that Chapter 4 of the Planning Act 2016 has effect in the local
                          government area;
                 (b)      that the resolution is intended to apply to development in the local
                          government area;
                 (c)      that the resolution applies to particular development;
                 (d)      the categorisation of uses under an local planning instrument to
                          development classes and charge categories under Schedule 16 of the
                          Planning Regulation.

2.2    Effect of the Chapter 4 of the Planning Act 2016 in the local government area

       Chapter 4 of the Planning Act 2016 applies to all of the local government area.

2.3    Application of the resolution to the local government area

       The resolution applies to all development in the local government area.

2.4    Application to particular development

       The Council may levy an infrastructure charge on the following development:
                 (a)      a reconfiguring a lot;
                 (b)      a material change of use of premises;
                 (c)      the carrying out of building work;
                 (d)      other development approval.




                               Council Resolution effective 20 August 2021

Section 8

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                                         Noosa Shire Council
                                    Charges Resolution (No.6) 2021



2.5    Categorisation of uses to development classes

       (1)       A use under the local planning instrument as stated in column 1 of Table 10.3
                 (Schedule of Council adopted charges) is included within the Schedule 16 of the
                 Planning Regulation charge category stated in column 2 of Table 10.3 (Schedule
                 of Council adopted charges).

       (2)       The Council and the distributor-retailer are to allocate a use not otherwise stated
                 under subsection (1) to another similar use that the local government or
                 distributor-retailer decides to apply to the use (refer to Schedule 16 of the
                 Planning Regulation 2017).


  3.         Assumptions about future development
3.1    Purpose

       Section 3 states the assumptions about the type, scale, location and timing of future
       development.


3.2    Development assumptions about future development

                 (a)     the type, scale, location and timing of future development is identified in
                         the LGIP and/or local planning instrument

                 (b)     development inconsistent with the type, scale, location or timing
                         identified in the LGIP and/or local planning instrument will be subject to
                         assessment for conditions for extra trunk infrastructure costs in
                         accordance with Chapter 4 of the Planning Act 2016.


  4.         Priority infrastructure area
4.1    Purpose

       Section 4 states the priority infrastructure area for the Council.

4.2    Priority infrastructure area

       The priority infrastructure area is identified in the LGIP.




                               Council Resolution effective 20 August 2021

Section 9

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                                        Noosa Shire Council
                                   Charges Resolution (No.6) 2021



Part 2                      Trunk infrastructure networks

  5.      Trunk infrastructure plans
5.1    Purpose

       Section 5 states the trunk infrastructure networks to be funded in part by the levied
       infrastructure charge.

5.2    Schedule of works for trunk infrastructure

       The trunk infrastructure networks comprise the land and works for trunk infrastructure
       detailed in the LGIP and Netserv Plan.

5.3    Trunk infrastructure network systems and items

       The trunk infrastructure networks identified in the schedule of works for trunk
       infrastructure include the systems and items detailed in the LGIP and Netserv Plan.

5.4    Trunk infrastructure plans

       The trunk infrastructure networks identified in the schedule of works for trunk
       infrastructure are conceptually identified in the trunk infrastructure plans detailed in the
       LGIP and Netserv Plan.


  6.      Desired standard of service
6.1    Purpose

       Section 6 states the desired standard of service which is the standard guiding the delivery
       of a trunk infrastructure network.

6.2    Desired standards of service for trunk infrastructure

       The desired standard of service for each infrastructure network is detailed in the LGIP and
       Netserv Plan.


  7.      Establishment cost for trunk infrastructure networks
7.1    Purpose

       Section 7 states the establishment cost for an identified trunk infrastructure network.

7.2    Establishment cost for a trunk infrastructure network

       The establishment cost for the trunk infrastructure networks are detailed in the LGIP and
       Netserv Plan.




                              Council Resolution effective 20 August 2021

Section 10

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                                          Noosa Shire Council
                                     Charges Resolution (No.6) 2021



Part 3                       Levied charge

  8.         Levied infrastructure charge
8.1    Purpose

       Section 8 states the calculation of the infrastructure charge to be levied by the following:

                 (a)      the Council under Chapter 4 of the Planning Act 2016 for the transport,
                          public parks & land for community facilities and stormwater networks in
                          accordance with the breakup agreement;

                 (b)      the distributor-retailer under the South-East Queensland Water
                          (Distribution and Retail Restructuring) Act 2009 for the sewerage and
                          water supply networks in accordance with the breakup agreement and
                          Unitywater’s Infrastructure Charges Schedule.

       An infrastructure charge applies where the development results in an increase in the
       type/s and/or quantity in use/s on the site and therefore places additional demand on trunk
       infrastructure. The determination of extra demand on trunk infrastructure correlates
       directly to the infrastructure charge calculation undertaken in accordance with section 8.2
       (Calculation of Council levied charge) and section 8.3 (Council adopted charge rates) in
       compliance with the planning legislation. Refer also to Queensland State Government
       Fact Sheet: “Local government infrastructure framework, Calculating additional demand
       and existing use credits”.


8.2    Calculation of Council levied charge

       Infrastructure charges are calculated and levied separately by the Council and distributer-
       retailer in accordance with the charges breakup agreement and relevant legislation.

       The legislation states: “A levied charge may be only for extra demand placed on trunk
       infrastructure that the development will generate.” In this regard, alternative calculation
       methodologies may be undertaken according to whether the development approved:

                 (a)      alters the current development and/or use/s lawfully existing on the
                          premises whereby the calculation needs to consider the new “total”
                          development approved and deduct the previous lawful development;

                          or alternatively:

                 (b)      simply only adds to the current development use/s lawfully existing on
                          the premises whereby the calculation may be simplified to just comprise
                          the approved additional development quantity and use/s.

       (1)       An infrastructure charge that may be levied for reconfiguring a lot is generally
                 calculated as follows:

                 LCROL = (ACROL x QROL) - C

                 Where:

                 LCROL    is the infrastructure charge levied for reconfiguring a lot.



                               Council Resolution effective 20 August 2021

Section 11

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                               Noosa Shire Council
                          Charges Resolution (No.6) 2021



      ACROL    is the adopted charge rate for reconfiguring a lot stated in section 8.3
               (Council adopted charge rate).

      QROL     is the total no of lots.

      C        is the credit stated in section 8.4 (Credit).

      Note:

               (a) for residential lot reconfiguration, the adopted infrastructure charge
                   is apportioned across all networks;

               (b) for non-residential lot reconfiguration, the adopted infrastructure
                   charge apportionment excludes the stormwater charge component.
                   The stormwater charge will be calculated and issued on a
                   subsequent material change of use or building work approval when
                   the impervious area is able to be determined.

(2)   An infrastructure charge that may be levied for a material change of use or
      building work for residential development is generally calculated as follows:

      LCR = (Sum(ACR x QR) for each defined use) − C

      Where:

      LCR      is the infrastructure charge that may be levied for a material change of
               use or building work for residential development.

      ACR      is the adopted charge rate for each defined use for a material change of
               use or building work for residential development stated in section 8.3
               (Council adopted charge rate).

      QR       is the residential quantity for each defined use.

      C        is the credit stated in section 8.4 (Credit).

(3)   An infrastructure charge that may be levied for a material change of use or
      building work for non-residential development is generally calculated as follows:

      LC = LCNR + LCSW

      Where:

      LC       is the infrastructure charge that may be levied for the total development

      LCNR = (Sum of (AC4 x Q4) for each defined use) − C4

      LCSW = (ACSW x QSW) − CSW

      LCNR     is the infrastructure charge that may be levied for a material change of
               use or building work for non-residential development for the transport,
               public parks and land for community facilities networks.

      LCSW     is the levied charge for a material change of use or building work for
               non-residential development for the stormwater network.




                    Council Resolution effective 20 August 2021

Section 12

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                                         Noosa Shire Council
                                    Charges Resolution (No.6) 2021



              AC4      is the adopted charge rate for each defined use for a material change of
                       use or building work for non-residential development stated in section
                       8.3 (Council adopted charge rate) for the transport, public parks and
                       land for community facilities networks.

              ACSW     is the adopted charge rate for a material change of use or building work
                       for non-residential development stated in section 8.3 (Council adopted
                       charge rate) for the stormwater network.

              Q4       is the non-residential quantity for each defined use.

              QSW      is the impervious area of the development.

              C4      is the credit stated in section 8.4 (Credit) for the transport, public parks
                      and land for community facilities networks.

              CSW     is the credit stated in section 8.4 (Credit) for the stormwater network.

      (4)     An infrastructure charge is only levied if the calculation in sub-sections (1), (2)
              and (3) results in an amount greater than $zero (i.e. no refund applies should the
              calculated charge result in a negative amount).

8.3   Council adopted charge rate

      The adopted charge rate for:

              (a)      reconfiguring a lot, is the amount stated equivalent to a Residential (3 or
                       more bedroom dwelling unit) in Table 10.3 (Schedule of Council adopted
                       charges);

              (b)      a material change of use or building work for:

                       (i)         residential development, is stated in Table 10.3 (Schedule of
                                   Council adopted charges);

                      (ii)        non-residential development other than special uses, is stated in
                                  Table 10.3 (Schedule of Council adopted charges), which
                                  comprises the following:

                                  (A)        the adopted charge rate for the transport, public parks
                                             and land for community facilities networks; and

                                  (B)        the adopted charge rate for the stormwater network;

                       (iii)      non-residential development being other uses or development
                                  not otherwise identified in paragraphs (i) or (ii):

                                  (A)        the adopted charge rate for the transport, public parks
                                             and land for community facilities networks being the
                                             prescribed amount for another similar use that the local
                                             government decides to apply to the use (refer to
                                             Schedule 16 of the Planning Regulation 2017); and

                                  (B)        the adopted charge rate for the stormwater network




                               Council Resolution effective 20 August 2021

Section 13

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                                         Noosa Shire Council
                                    Charges Resolution (No.6) 2021



8.4   Credit

               The credit for the premises is an amount which is the greater of the following:

               (a)     the development use & quantity of development of an adopted
                       infrastructure charge previously paid for the development of the
                       premises;

               (b)     where the premises is subject to an existing lawful use or previous lawful
                       use no longer taking place for:

                       (i)         residential development, the amount stated for an adopted
                                   charge in Table 10.3 (Schedule of Council adopted charges) for
                                   the lawful use;

                       (ii)        non-residential development other than special uses, the
                                   amount stated for an adopted charge in Table 10.3 (Schedule
                                   of Council adopted charges) for the lawful use;

                       (iii)       non-residential development being other uses or development
                                   not otherwise identified in paragraphs (i) or (ii), the prescribed
                                   amount for another similar use that the local government
                                   decides to apply to the use (refer to Schedule 16 of the
                                   Planning Regulation 2017).

                       The onus remains with the applicant to provide full details and evidence
                       as to the extent and lawfulness of any claim for a credit for a previous
                       use no longer taking place.

               (c)     where the premises is not subject to an existing or previous lawful use:

                       (i)        for residential development, the amount applicable for a
                                  residential lot stated for Residential (3 or more bedroom
                                  dwelling unit) in Table 10.3 (Schedule of Council adopted
                                  charges) applicable to a single residential lot provided the lot is
                                  capable of having a dwelling house built on the lot in compliance
                                  with the planning scheme requirements;

                       (ii)       for non-residential development, no credit applies.

8.5   Additional credit for past contribution or charge

      For a past contribution and or charge relating to “current” trunk infrastructure that has
      been paid for a particular trunk network under a previous charging regime that exceeds
      the credit applied under section 8.4 (Credit), an “additional credit” against the adopted
      charge for the particular network will be recognised. The amount of the credit will be
      determined by converting the previous payment to an equivalent adopted charge as
      determined by Council and only relates to the amount over and above the standard credit
      applied under section 8.4 (credit).

      The amount of the credit will not be more than the adopted charge amount apportioned for
      that network. The onus remains with the applicant to provide full details and evidence of
      any payments of contributions and or charges under a previous charging regime.




                               Council Resolution effective 20 August 2021

Section 14

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                                         Noosa Shire Council
                                    Charges Resolution (No.6) 2021



  9.         Administration of levied charge
9.1    Purpose

       Section 9 states how an infrastructure charge levied by the Council is to be administered.

9.2    Subsidy for a levied charge

       The Council’s policy statement in respect of a subsidy for a levied infrastructure charge is
       stated in Council Policy Document - Infrastructure Charges Rebates for Community
       Organisations in effect at the time of levying the infrastructure charge.

9.3    Time of payment of a levied charge

       A levied infrastructure charge is payable in accordance with the Planning Act 2016 at the
       following time:

                 (a)     if the charge applies to reconfiguring a lot ― when the Council approves
                         the plan for the reconfiguration that, under the Land Title Act, is required
                         to be given to Council for approval; or

                 (b)     if the charge applies to building work ― the sooner of: when the
                         certificate of classification or final inspection certificate for the building
                         work is given under the Building Act or prior to occupancy; or

                 (c)     if the charge applies to a material change of use ― when the change
                         happens; or

                 (d)     if the charge applies for other development, on the day stated in the
                         infrastructure charges notice under which the charge is levied.

9.4    Alternatives to paying a levied charge

       The Council may give consideration to entering into an infrastructure agreement involving
       an alternative to the way a payment is to be made or an infrastructure contribution
       provided in a form other than paying an infrastructure charge.

9.5    Automatic increase provision of levied charge

       The levied infrastructure charge is subject to an automatic increase provision (indexation)
       as permitted under the legislation. The automatic increase provision is applied as follows:

       (1)       The infrastructure charge is first calculated using the adopted charge rates at the
                 base date and indexed to the Financial Year current at the time of issue of the
                 infrastructure charge notice;

       (2)       The issued infrastructure charge is subject to further indexation from the date of
                 issue until the date of payment.

       (3)       Indexation is applied annually per Financial Year using variations applicable to
                 the “maximum amount” possible to be issued under the Planning Regulation
                 2017 as amended in accordance with the legislation from the stipulated base
                 date to the time of issue and payment.




                               Council Resolution effective 20 August 2021

Section 15

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                                        Noosa Shire Council
                                   Charges Resolution (No.6) 2021



9.6     Infrastructure charges taken to be a rate

        A levied charge is, for the purpose of its recovery, taken to be rates of the local
        government that levied the charge. Within the meaning of the Local Government Act,
        this means:

                 (a)     an infrastructure charge may be recovered by court action for a debt;

                 (b)     an infrastructure charge may be recovered from the person for the
                         time being owning the relevant land, regardless of who was the owner
                         or other person upon whom the charges was imposed;

                 (c)     Interest is payable on overdue payments; and

                 (d)     If charges are unpaid for 3 years, the land can be sold to recover the
                         outstanding charges.

9.7     Interest on overdue charges

        Compound interest calculated daily at the rate stated in “Council’s Revenue Statement”
        is payable on all overdue infrastructure charges outstanding after the due date for
        payment stated in the charges notice.

9.8     Goods and services tax

        The federal government has determined that rates and utility charges levied by local
        government will be GST free. Accordingly, no GST is included in infrastructure
        charges.


  10.         Allocation of        adopted           infrastructure         charge    (breakup
              agreement)
10.1    Purpose

        Section 10 states how the adopted infrastructure charge of the Council and the distributor-
        retailer is to be allocated in accordance with the breakup agreement.

10.2    Allocation of adopted infrastructure charge to the Council and the distributor-
        retailer (breakup agreement)

        (1)      The proportion of an adopted infrastructure charge to be allocated to the Council
                 and the distributor-retailer is stated in Table 10.1 (Allocation of adopted
                 infrastructure charge (breakup agreement) to the Council and the distributor-
                 retailer). For non-residential development, this proportion of the adopted charge
                 excludes the stormwater network which is calculated separately and allocated
                 100% to Council.

        (2)      The levied charge is calculated and issued separately by the Council and
                 distributor-retailer as applying to their respective infrastructure networks in
                 accordance with the breakup agreement.

        (3)      Where development is not connected to the water and sewerage networks, the
                 levied charge issued by distributor-retailer is reduced as determined by the
                 distributor-retailer.



                              Council Resolution effective 20 August 2021

Section 16

                                                                    16
                                                            Noosa Shire Council
                                                       Charges Resolution (No.6) 2021



Table 10.1 Apportionment of adopted infrastructure charge (breakup agreement) to the Council and the Distributor-
Retailer (Unitywater)

 Column 1         Column 2                                              Column 3                                                                 Column 4

 Local planning   Planning         *Apportionment of adopted infrastructure charge for Non-Residential Development              Apportionment of adopted infrastructure
 instrument       areas                                                                                                         charge for:

                                                                                                                                    a)   Residential development; and
                                 Retail, Commercial and Entertainment Uses
                                    (Retail, Office, Bulk Goods, Showroom,                      Industry Uses                       b)   *Non-Residential development not
                                                  Entertainment)                                                                         otherwise specified in Column 3

                                                        Distributor-Retailer                             Distributor-Retailer                           Distributor-Retailer
                                 Noosa Shire Council                           Noosa Shire Council                              Noosa Shire Council
                                                           (Unitywater)                                     (Unitywater)                                   (Unitywater)
                                        (%)                                           (%)                                              (%)
                                                                (%)                                              (%)                                            (%)

                  All Areas in
 The Noosa Plan                          85                     15                      64                       36                      60                     40
                  Noosa Shire


Note:

* For Non-Residential development, the adopted infrastructure charge apportionment excludes stormwater which is calculated and allocated separately 100%
  to Council.




                                                  Council Resolution effective 20 August 2021

Section 17

                                                       17
                                               Noosa Shire Council
                                          Charges Resolution (No.6) 2021



10.3     Allocation of levied charge to trunk infrastructure networks

         Infrastructure charges are provided for provision of trunk infrastructure in accordance with
         the breakup agreement for:

                  (a)        distributor-retailer trunk infrastructure, in accordance with Unitywater’s
                             Netserv Plan and Infrastructure Charges Schedule as determined by
                             Unitywater.

                  (b)        Council trunk infrastructure, in accordance with Council’s LGIP and
                             generally with Table 10.2 (Allocation of Council levied charge to trunk
                             infrastructure networks). The final allocation and spending of
                             infrastructure charges collected for trunk infrastructure will be
                             determined and administered by Council’s Finance Department.

Table 10.2 Allocation of Council levied charge to trunk infrastructure networks

                            Column 1                               Column 2
                   Infrastructure charge              Allocation of Council infrastructure
                                                    charge to trunk infrastructure networks




                                                   Transport    Public parks     #Stormwater

                                                      (%)       and land for         (%)
                                                                community
                                                                  facilities
                                                                     (%)
                   Infrastructure charge for
                   Residential development:
                   (a) reconfiguring a lot; or
                                                      40             50              10
                   (b) a material change of use;
                       or
                   (c) building work
                   Infrastructure charge for
                   Non-Residential
                   development :
                                                      100            Nil            *N/A
                   (a) reconfiguring a lot
                   Infrastructure charge for
                   Non-Residential
                                                                                 Calculated
                   development for:
                                                      100            Nil         Separately
                   (b) a material change of use;
                                                                                   100%
                       or
                   (c) building work


Note:
* The Non-Residential Stormwater charge is normally unable to be calculated on a reconfiguration of a lot
 approval. This charge will therefore be calculated and applied on subsequent development permits for
 material change of use or building work when the impervious area is able to be determined.




                                   Council Resolution effective 20 August 2021

Section 18

                                                                                                   18
                                                                                           Noosa Shire Council
                                                                                      Charges Resolution (No.6) 2021



         10.4          Schedule of Council Adopted Infrastructure Charges (under breakup agreement)

                       Table 10.3 (Schedule of Council adopted charges) states the development use/s, the planning regulation prescribed amount/s and the
                       adopted Council charge at the base date of 1 July 2021 for the 2021-2022 Financial Year applying to Council networks in accordance
                       with the “charges breakup” agreement.

          Table 10.3 Schedule of Council adopted charges
      The Noosa Plan 2006           Planning Regulation 2017 &
                                                                                                                    Current at: 1 July 2021 for the 2021-2022 Financial Year
  (Superseded planning scheme)         The Noosa Plan 2020
           Column 1a                        Column 1b                                      Column 2                                           Column 3                                         Column 4
                                                                                 PLANNING REGULATION 2017                              COUNCIL           COUNCIL
                                                                                                                                                                                  COUNCIL INCLUDED REDUCTIONS
                                                                               SCHEDULE 16 Prescribed amount                      APPORTIONMENT          CHARGE
                Use                              Use
                                                                   (As inserted by the “Planning Legislation (Fees and Other     (per Charges breakup agreement of                                        Amount
                                                                                                                                                                                    Basis                               %
                                                                           Amounts) Amendment Regulation 2021”)                          Prescribed amount)                                               reduced
                                                                 for each Residential lot
                                                                                                                   $30,677.65            60%             $18,406.59
                                                                 (equivalent to 3 or more bedroom dwelling)
Reconfiguration of a lot         Reconfiguration of a lot
                                                                 for each Non-residential lot
                                                                                                                   $30,677.65            60%             $18,406.59
                                                                 (equivalent to 3 or more bedroom dwelling)
                                 Residential uses

                                                                 for each dwelling with 3 or more bedrooms         $30,677.65            60%             $18,406.59
• Detached house
                                 1 Dwelling house
• Ancillary dwelling unit                                                                                                                                $13,147.56
                                 2 Dual occupancy
Multiple housing
                                 3 Caretaker’s accommodation                                                                                                            if 1 or less bedroom
• Type 2 Duplex                                                  for each dwelling with 2 or less bedrooms         $21,912.60            60%               $8,950.41                                      -$4,197.15   -31.9%
                                 4 Multiple dwelling                                                                                                                    (lower demand)
• Type 4 Conventional
                                                                                                                                                                        if Secondary dwelling to
                                                                                                                                                           $6,534.01                                      -$6,613.55   -50.3%
                                                                                                                                                                        house (lower demand)
                                 Accommodation (short-term)

                                                                 for each group of 3 tent or caravan sites         $15,338.75            60%               $9,203.25

                                                                 for each group of 2 tent or caravan sites or
                                                                                                                   $10,956.25            60%               $6,573.75
                                                                 less
Visitor accommodation
                                 1 Tourist park
• Type 1 Home hosted                                             for each cabin or suite with 3 or more
                                 2 Hotel                                                                           $15,338.75            60%               $9,203.25
• Type 2 Caravan park                                            bedrooms
                                 3 Short-term accommodation
• Type 3 Rural
                                 4 Resort complex
• Type 4 Conventional
                                                                 for each cabin or suite with 2 or less bedrooms   $10,956.25            60%               $6,573.75


                                                                 for each bedroom that is not part of a suite      $10,956.25            60%               $6,573.75


                                                                              Council Resolution effective 20 August 2021

Section 19

                                                                                                      19
                                                                                              Noosa Shire Council
                                                                                         Charges Resolution (No.6) 2021



      The Noosa Plan 2006              Planning Regulation 2017 &
                                                                                                                       Current at: 1 July 2021 for the 2021-2022 Financial Year
  (Superseded planning scheme)            The Noosa Plan 2020
           Column 1a                           Column 1b                                      Column 2                                           Column 3                                          Column 4
                                                                                    PLANNING REGULATION 2017                              COUNCIL           COUNCIL
                                                                                                                                                                                      COUNCIL INCLUDED REDUCTIONS
                                                                                  SCHEDULE 16 Prescribed amount                      APPORTIONMENT          CHARGE
               Use                                  Use
                                                                      (As inserted by the “Planning Legislation (Fees and Other     (per Charges breakup agreement of                                         Amount
                                                                                                                                                                                        Basis                               %
                                                                              Amounts) Amendment Regulation 2021”)                          Prescribed amount)                                                reduced
                                    Accommodation (long-term)

                                                                                                                                                            $18,406.59
                                                                    for each relocatable dwelling site or suite
                                                                                                                      $30,677.65            60%
                                                                    for 3 or more bedrooms                                                                                 If Retirement
                                                                                                                                                            $14,071.78                                        -$4,334.81   -23.6%
                                                                                                                                                                           (lower demand)

                                                                                                                                                            $13,147.56

• Community Residence                                                                                                                                                      if Retirement 2 bedrooms
                                    1 Relocatable home park                                                                                                 $10,051.43                                        -$3,096.13   -23.5%
Multiple housing                                                                                                                                                           (lower demand)
                                    2 Community residence           for each relocatable dwelling site or suite
• Type 3 Retirement and special                                                                                       $21,912.60            60%
                                    3 Retirement facility           for 2 or less bedrooms
needs (retirement village)                                                                                                                                                 if 1 or less bedroom
                                    4 Rooming accommodation                                                                                                   $8,950.41                                       -$4,197.15   -31.9%
• Type 5 Relocatable                                                                                                                                                       (lower demand)

                                                                                                                                                                           if Retirement 1 or less
                                                                                                                                                              $6,534.01                                       -$6,613.55   -50.3%
                                                                                                                                                                           bedroom (lower demand)

                                                                                                                                                                           as for 1 or less bedroom
                                                                                                                                                              $8,950.41                                       -$4,197.15   -31.9%
                                                                                                                                                                           (lower demand)
                                                                    for each bedroom that is not part of a suite      $21,912.60            60%
                                                                                                                                                                           If Retirement as for 1 or less
                                                                                                                                                              $6,534.01                                       -$6,613.55   -50.3%
                                                                                                                                                                           bedroom (lower demand)
                                    Places of assembly

Wellbeing                           1 Club
                                                                    for each square metre of gross floor area             $76.75            60%                  $46.05
• Type 2 Social (arts and crafts,   2 Community use
community meeting hall CWA etc)     3 Function facility
• Type 3 Worship                    4 Funeral parlour
• Type 4 Funeral                    5 Place of worship              for each square metre impervious to
                                                                                                                          $10.95           100%                  $10.95
                                                                    stormwater
                                    Commercial (bulk goods)
Retail business                     1 Agricultural supplies store
• Type 3 Landscape and rural        2 Bulk landscape supplies       for each square metre of gross floor area            $153.40            85%                 $130.39
• Type 4 Showroom                   3 Garden centre
• Type 5 Vehicle uses a) Standard   4 Hardware and trade supplies
• Type 6 Hardware Store             5 Outdoor sales                 for each square metre impervious to
                                                                                                                          $10.95           100%                  $10.95
• Type 7 Garden                     6 Showroom                      stormwater


                                                                                 Council Resolution effective 20 August 2021

Section 20

                                                                                                          20
                                                                                                  Noosa Shire Council
                                                                                             Charges Resolution (No.6) 2021



      The Noosa Plan 2006              Planning Regulation 2017 &
                                                                                                                            Current at: 1 July 2021 for the 2021-2022 Financial Year
  (Superseded planning scheme)            The Noosa Plan 2020
           Column 1a                           Column 1b                                           Column 2                                           Column 3                                      Column 4
                                                                                         PLANNING REGULATION 2017                              COUNCIL           COUNCIL
                                                                                                                                                                                         COUNCIL INCLUDED REDUCTIONS
                                                                                       SCHEDULE 16 Prescribed amount                      APPORTIONMENT          CHARGE
               Use                                   Use
                                                                           (As inserted by the “Planning Legislation (Fees and Other     (per Charges breakup agreement of                                     Amount
                                                                                                                                                                                          Basis                             %
                                                                                   Amounts) Amendment Regulation 2021”)                          Prescribed amount)                                            reduced
                                    Commercial (retail)
Retail business
                                    1 Adult store
• Type 1 Local
                                    2 Food and drink outlet              for each square metre of gross floor area            $197.20            85%                 $167.62
• Type 2 Shop & salon
                                    3 Service industry
• Type 5 Vehicle uses b) Service
                                    4 Service station
Station
                                    5 Shop                               for each square metre impervious to
Entertainment and dining business                                                                                              $10.95           100%                  $10.95
                                    6 Shopping centre                    stormwater
• Type 1 Food & beverages
                                    Commercial (office)

                                                                         for each square metre of gross floor area            $153.40            85%                 $130.39
Commercial business                 1 Office
• Type 1 Office                     2 Sales office
                                                                         for each square metre impervious to
                                                                                                                               $10.95           100%                  $10.95
                                                                         stormwater
                                    Educational facility
Education
• Type 1 Childcare                  1 Childcare centre                   for each square metre of gross floor area            $153.40            60%                  $92.04
• Type 2 School                     2 Community care centre
• Type 3 Adult                      3 Educational establishment          for each square metre impervious to
                                                                                                                               $10.95           100%                  $10.95
• Type 4 Information                                                     stormwater
                                    Entertainment

                                                                         for each square metre of gross floor area,
                                    1 Hotel                              other than areas for providing                       $219.10            85%                 $186.23
Entertainment and dining business   2 Nightclub entertainment facility   accommodation
• Type 3 Bar                        3 Theatre
                                    4 Resort complex                     for each square metre impervious to
                                                                                                                               $10.95           100%                  $10.95
                                                                         stormwater
                                    Indoor sport and recreation

                                                                         for each square metre of gross floor area,
                                                                                                                              $219.10            60%                  $82.33    Lower demand considered          -$49.13   -37.4%
                                                                         other than court areas
Entertainment and dining business
• Type 2 Recreation, amusement
and fitness                         1 Indoor sport and recreation        for each square metre of gross floor area that
                                                                                                                               $21.85            60%                  $13.11
Open space                                                               is a court area
• Type 1 Sport and recreation
                                                                         for each square metre impervious to
                                                                                                                               $10.95           100%                  $10.95
                                                                         stormwater


                                                                                      Council Resolution effective 20 August 2021

Section 21

                                                                                                              21
                                                                                                      Noosa Shire Council
                                                                                                 Charges Resolution (No.6) 2021



      The Noosa Plan 2006             Planning Regulation 2017 &
                                                                                                                                Current at: 1 July 2021 for the 2021-2022 Financial Year
  (Superseded planning scheme)           The Noosa Plan 2020
           Column 1a                          Column 1b                                                Column 2                                           Column 3                                  Column 4
                                                                                             PLANNING REGULATION 2017                              COUNCIL           COUNCIL
                                                                                                                                                                                           COUNCIL INCLUDED REDUCTIONS
                                                                                           SCHEDULE 16 Prescribed amount                      APPORTIONMENT          CHARGE
                Use                                 Use
                                                                               (As inserted by the “Planning Legislation (Fees and Other     (per Charges breakup agreement of                                 Amount
                                                                                                                                                                                            Basis                        %
                                                                                       Amounts) Amendment Regulation 2021”)                          Prescribed amount)                                        reduced
                                   High impact industry or special industry


                                                                         for each square metre of gross floor area                 $76.75            64%                  $49.12
Industrial business                1 High impact industry
• Type 3 Extractive                2 Special industry
                                                                         for each square metre impervious to
                                                                                                                                   $10.95           100%                  $10.95
                                                                         stormwater
                                   Other industry
Industrial business
• Type 1 Warehouse
• Type 2 Production, alteration,
repackaging and repairing
                                   1 Low impact industry
Service & utility                                                        for each square metre of gross floor area                 $54.80            64%                  $35.07
                                   2 Medium impact industry
• Type 2 Installation
                                   3 Research and technology industry
• Type 4 Treatment, recycling &
                                   4 Rural industry
disposal;
                                   5 Warehouse
Transport
                                   6 Marine industry
• Type 1 Passenger terminal
• Type 2 Carpark                                                         for each square metre impervious to
• Type 3 Depot                                                                                                                     $10.95           100%                  $10.95
                                                                         stormwater
• Type 4 Aeronautical
                                   High impact rural

                                   1 Cultivating, in a confined area,
                                   aquatic
Cultivation
                                   animals or plants for sale
• Type 2 Intensive
                                   2 Intensive animal industry           for each square metre of gross floor area                 $21.85            60%                  $13.11
Animal husbandry
                                   3 Intensive horticulture
• Type 1 Traditional
                                   4 Wholesale nursery
                                   5 Winery

                                   Low impact rural
Cultivation
• Type 1 Traditional
                                   1 Animal husbandry
Animal husbandry
                                   2 Cropping
• Type 1 Traditional                                                     Nil                                                         $0.00           60%                   $0.00
                                   3 Permanent plantation
Forestry
                                   4 Wind farm
• Type 1 Native
• Type 2 Plantation


                                                                                         Council Resolution effective 20 August 2021

Section 22

                                                                                                           22
                                                                                                   Noosa Shire Council
                                                                                              Charges Resolution (No.6) 2021



      The Noosa Plan 2006                Planning Regulation 2017 &
                                                                                                                             Current at: 1 July 2021 for the 2021-2022 Financial Year
  (Superseded planning scheme)              The Noosa Plan 2020
           Column 1a                             Column 1b                                          Column 2                                           Column 3                                          Column 4
                                                                                          PLANNING REGULATION 2017                              COUNCIL           COUNCIL
                                                                                                                                                                                            COUNCIL INCLUDED REDUCTIONS
                                                                                        SCHEDULE 16 Prescribed amount                      APPORTIONMENT          CHARGE
                 Use                                  Use
                                                                            (As inserted by the “Planning Legislation (Fees and Other     (per Charges breakup agreement of                                         Amount
                                                                                                                                                                                             Basis                               %
                                                                                    Amounts) Amendment Regulation 2021”)                          Prescribed amount)                                                reduced
                                     Essential services


Commercial business
                                                                                                                                                                       $92.04
• Type 2 Medical
• Type 3 Veterinary
Multiple housing
                                     1 Correctional facility          for each square metre of gross floor area                $153.40            60%
• Type 3 Retirement and special
                                     2 Emergency services
needs
                                     3 Health care service
 (aged care facility)                                                                                                                                                            If Residential care (aged or
                                     4 Hospital
Emergency service                                                                                                                                                      $68.43    special needs)                       -$23.61   -25.7%
                                     5 Residential care facility
• Type 1 Station                                                                                                                                                                 (lower demand)
                                     6 Veterinary service
• Type 2 Shed
Wellbeing
• Type 1 Health (hospital, hospice
etc)                                                                  for each square metre impervious to
                                                                                                                                $10.95           100%                  $10.95
                                                                      stormwater

                                     Minor uses




                                     1 Advertising device
                                     2 Cemetery
Home-based business                  3 Home-based business
• Type 1 Limited visibility          4 Landing
• Type 2 Evident                     5 Market
                                                                      Nil                                                         $0.00           60%                   $0.00
• Type 3 Significant scale           6 Outdoor lighting
Service & utility                    7 Park
• Type 3 Tower                       8 Roadside stall
                                     9 Telecommunications facility
                                     10 Temporary use




                                                                                      Council Resolution effective 20 August 2021

Section 23

                                                                                                    23
                                                                                            Noosa Shire Council
                                                                                       Charges Resolution (No.6) 2021



    The Noosa Plan 2006           Planning Regulation 2017 &
                                                                                                                      Current at: 1 July 2021 for the 2021-2022 Financial Year
(Superseded planning scheme)         The Noosa Plan 2020
         Column 1a                        Column 1b                                          Column 2                                           Column 3                                          Column 4
                                                                                   PLANNING REGULATION 2017                              COUNCIL           COUNCIL
                                                                                                                                                                                     COUNCIL INCLUDED REDUCTIONS
                                                                                 SCHEDULE 16 Prescribed amount                      APPORTIONMENT          CHARGE
            Use                                Use
                                                                     (As inserted by the “Planning Legislation (Fees and Other     (per Charges breakup agreement of                                         Amount
                                                                                                                                                                                       Basis                                  %
                                                                             Amounts) Amendment Regulation 2021”)                          Prescribed amount)                                                reduced
                               Other uses
                               1 Air service
                               2 Animal keeping                                                                                    Council has decided the following to be the most similar uses and appropriate rates:
                               3 Car park                                                                                          1 Air service = Low-Medium impact industry
                               4 Crematorium                                                                                       2 Animal keeping = Animal husbandry or Intensive animal husbandry as applicable
                               5 Extractive industry                                                                               3 Car park = Low impact industry
                               6 Major sport, recreation and                                                                       4 Crematorium = Funeral parlour
                               entertainment facility                                                                              5 Extractive industry = High impact industry
                               7 Motor sport facility              The prescribed amount for another similar use listed in         6 Major sport, recreation and entertainment facility = Indoor sport and recreation
                               8 Non-resident workforce            column 1 (other than in this row) that the local government     7 Motor sport facility = Indoor sport and recreation
                               accommodation                       or distributor-retailer decides to apply to the use             8 Non-resident workforce accommodation = Short-term accommodation
                               9 Outdoor sport and recreation                                                                      9 Outdoor sport and recreation = Indoor sport and recreation
                               10 Port service                                                                                     10 Port service = Marine industry
                               11 Tourist attraction                                                                               11 Tourist attraction = Resort complex
                               12 Utility installation                                                                             12 Utility installation = Low impact industry
                               13 Any other use not listed in                                                                      13 Any other use not listed in column 1, including a use that is unknown = To be decided at the
                               column 1, including a use that is                                                                   time of development approval
                               unknown

      Notes:
      (1) Development that is for provision of “trunk” infrastructure is exempt from and not subject to payment of infrastructure charges.
      (2) Table 10.3 charges are specified at the base date and are subject to indexation in accordance with clause 9.5 Automatic increase provision of levied charge.
      (3) Network Reductions:
          a) The Stormwater component of the charge is excluded for development located outside the Coastal Area, Cooroy and Pomona PIA service catchments.
          b) The Transport component of the charge is reduced by:
             •    12% for development located outside the PIA service catchments; and
             • 2% for development located inside the Boreen Point, Cooroibah and Kin Kin PIA service catchments.
      (4) Reconfiguration of a lot for “Non-residential” development excludes the Stormwater network charge. Stormwater charges will only be calculated and applied
          on subsequent development permits for material change of use or building work when the impervious area is able to be determined.




                                                                                Council Resolution effective 20 August 2021

Section 24

                                                    24
                                            Noosa Shire Council
                                       Charges Resolution (No.6) 2021



Part 4                  Offset and refund for Council trunk
                        infrastructure

  11.         Infrastructure offset
11.1    Purpose

        Section 11 states the Council’s policy for calculating the establishment cost for an
        infrastructure offset for provision of trunk infrastructure.

11.2    Application of section

        Section 11 applies where for a development, the Council has for a trunk infrastructure
        network:
                  (a)     requires trunk infrastructure to be provided under a necessary
                          infrastructure condition of a development approval, that services or is
                          planned to service premises other than the subject premises; and;
                  (b)     a levied infrastructure charge applies to the development.

11.3    Establishment cost for an infrastructure offset

                  The establishment cost for determining offsets for provision of trunk infrastructure
                  required in a necessary infrastructure condition shall be the establishment cost
                  identified in the LGIP or Netserv Plan and indexed to the reference date of the
                  issued infrastructure charges notice.

11.4    Recalculation of establishment cost for an infrastructure offset

        (1)       Where a notice is given by an applicant under s. 137 of the Planning Act
                  requesting a recalculation of the establishment cost for the trunk infrastructure
                  that is works, the recalculated amount shall be the pre-market estimate of the
                  work as follows: The pre-market estimate of work for the trunk infrastructure
                  contribution is the estimate expressed in dollars of the design and construction of
                  the work:
                  (a)      including the following:
                          (i)         the cost of planning and designing the work;
                          (ii)        the cost of survey and site investigation for the work;
                          (iii)       a cost under a construction contract for the work;
                          (iv)        a portable long service leave payment for a construction
                                      contract;
                          (v)         an insurance premium for the work;
                          (vi)        a Council inspection fee for the commencement and end of the
                                      maintenance period for the work;
                          (vii)       the cost of an approval for the work;



                                  Council Resolution effective 20 August 2021

Section 25

                                  25
                          Noosa Shire Council
                     Charges Resolution (No.6) 2021



(b)   excluding the following:
      (i)         a cost of carrying out temporary infrastructure;
      (ii)        a cost of carrying out other infrastructure which is not part of the
                  trunk infrastructure contribution;
      (iii)       a cost of the decommissioning, removal and rehabilitation of
                  infrastructure identified in paragraphs (i) and (ii);
      (iv)        a part of the trunk infrastructure contribution provided by the
                  Council or a person other than the person seeking the
                  infrastructure offset;
      (v)         a cost to the extent that GST is payable and an input tax credit
                  can be claimed for the work.
(c)   The applicant:
      (i)         must undertake a tender process in accordance with the
                  Council’s Procurement Policy for any work contribution which is
                  eligible for an Infrastructure Offset under this document;
      (ii)        must give the Council a Notice which states the claimant’s
                  calculation of the pre-market estimate, which will include, as
                  applicable;
                A.         a copy of the tender advertisement;
                B.         a copy of each tender received;
                C.         the claimant’s preferred tenderer;
                D.         the claimant’s reason for the preferred tenderer;
                E.         a copy of the proposed Work Contract issued by the
                           claimant’s preferred tenderer;
                F.         detailed plans and specifications showing the extent of
                           the Work Contribution eligible for an Infrastructure
                           Offset;
                G.         the claimant’s calculation of the cost providing a Works
                           Contribution to which an Infrastructure Offset applies;
                H.        the total of the claimant’s calculation of the Pre-Market
                          Estimate.
      (iii)       If the Council agrees with the applicant’s Pre-Market Estimate, it
                  becomes the establishment cost of the infrastructure.

(d)   If the Council does not agree with the applicant’s Pre-Market Estimate,
      the Council will provide its own alternative Pre-Market Estimate to the
      applicant. If the applicant agrees with the Council’s alternative Pre-
      Market Estimate, it becomes the establishment cost of the infrastructure.

(e)   If agreement cannot be reached on the Pre-Market Estimate, an
      independent assessor is to be appointed by agreement between the



              Council Resolution effective 20 August 2021

Section 26

                                                 26
                                         Noosa Shire Council
                                    Charges Resolution (No.6) 2021



                          Council and the applicant to determine the estimate. The cost of this
                          independent assessment is to be equally shared between the local
                          authority and the applicant and the amended cost estimate determined
                          by the independent assessor becomes the establishment cost of the
                          infrastructure.

                          However, if the Council and the applicant cannot reach agreement on
                          the appointment of an independent assessor, the establishment cost of
                          the infrastructure is determined by calculating the average of the
                          previous two cost estimates prepared on behalf of the applicant and the
                          Council respectively.

        (2)        Where a notice is given by an applicant under s. 137 of the Planning Act
                  requesting a recalculation of the establishment cost for the trunk infrastructure
                  that is land, the recalculated amount shall be the value estimated for the land
                  based on the pre-approved and pre-developed state of the land as follows:

                   a)     The applicant, at their own cost, must provide to the Council a valuation
                          of the specified land undertaken by a certified practicing valuer. If the
                          Council accepts the valuation, the valuation is the establishment cost of
                          the infrastructure.

                  (b)     If the Council does not agree with the applicant’s valuation, the Council
                          will provide its own alternative valuation to the applicant. If the applicant
                          agrees with the Council’s alternative Pre-Market Estimate, it becomes
                          the establishment cost of the infrastructure.

                  (c)     If agreement cannot be reached on the valuation, an independent
                          assessor is to be appointed by agreement between the Council and the
                          applicant to determine the estimate. The cost of this independent
                          assessment is to be equally shared between the local authority and the
                          applicant and the amended valuation estimate determined by the
                          independent assessor becomes the establishment cost of the
                          infrastructure.

                          However, if the Council and the applicant cannot reach agreement on
                          the appointment of an independent assessor, the establishment cost of
                          the infrastructure is determined by calculating the average of the
                          previous two valuation estimates prepared on behalf of the applicant and
                          the Council respectively.


  12.         Refund of an unused infrastructure offset
12.1    Purpose

        Section 12 states the Council’s policy for a refund of an unused infrastructure offset for
        provision of trunk infrastructure.




                               Council Resolution effective 20 August 2021

Section 27

                                                    27
                                            Noosa Shire Council
                                       Charges Resolution (No.6) 2021



12.2    Application of section

        Section 12 applies where:

                 (a)      the development to which the trunk infrastructure relates has been
                          lawfully completed;

                 (b)      the trunk infrastructure is planned under this document to service the
                          development of other premises and has been completed and handed
                          over to Council;

                 (c)      the amount of the value of an infrastructure offset has not been fully
                          offset against a levied infrastructure charge to which the trunk
                          infrastructure relates.

12.3    Payment of a refund

        (1)      A refund will be paid by Council (as applicable) to the applicant in accordance
                 with the following:
                 (a)      the refund will not exceed the value of the unused infrastructure offset
                          and is not subject to indexation;
                 (b)      The amounts and timing of refund payments will be made as follows:
                          (i)     for refund amounts up to $150,000, the payment will occur in the
                                  December quarter in the financial year following completion of the
                                  works and “off-maintenance” handover of the trunk infrastructure to
                                  Council; and
                          (ii)    for remaining refund balance amounts over $150,000 up to
                                  $500,000 the payment will occur in the December quarter in the
                                  second financial year following completion of the works and “off-
                                  maintenance” handover of the trunk infrastructure to Council; and
                          (iii)   for any remaining refund balance amounts over $500,000, the
                                  payment will occur in the December quarter in the third financial
                                  year following completion of the works and “off-maintenance”
                                  handover of the trunk infrastructure to Council.

  13.         CONVERSION APPLICATIONS

13.1    Purpose

        Section 13 states the Council’s criteria for consideration and assessment of applications
        to convert non-trunk infrastructure to trunk infrastructure.

13.2    Application of section

        (1)       This section applies if:
                  (a)     a condition of a development approval requires non-trunk infrastructure
                          to be provided; and
                  (b)     the construction of the non-trunk infrastructure has not started.




                                  Council Resolution effective 20 August 2021

Section 28

                                                 28
                                         Noosa Shire Council
                                    Charges Resolution (No.6) 2021



13.3   Conversion application process

       (1)     An applicant may apply to the local government to convert non-trunk
               infrastructure to trunk infrastructure.
       (2)     The application must be made in writing within the required period (see clause
               139 of the Planning Act).
       (3)     The local government must, within the required period (see clause 140 of the
               Planning Act), decide the conversion application having regard to the criteria for
               deciding the application stated in section 13.6.
       (4)     At any time before deciding the conversion application, the local government may
               give a notice to the applicant requiring the applicant to give information that the
               local government reasonably needs to make the decision (see clause140 of the
               Planning Act for notice requirements).

13.4   Notice of decision

       (1)     As soon as practicable after deciding the conversion application, the local
               government must give the applicant notice of the decision.
       (2)     If the decision is not to convert non-trunk infrastructure to trunk infrastructure, the
               notice must be an information notice about the decision.
       (3)     If the decision is to convert non-trunk infrastructure to trunk infrastructure, the
               written notice must state:
               (a)      that the infrastructure is trunk infrastructure
               (b)      if the infrastructure will be conditioned as a necessary infrastructure
                        condition
               (c)      if an offset or refund applies
               (d)      if an offset or refund applies, the details of that offset or refund.

13.5   Effect of conversion application decision

       (1)     If the local government has decided to convert non-trunk infrastructure to trunk
               infrastructure, it may amend the development approval by imposing a necessary
               infrastructure condition for the trunk infrastructure.
       (2)     If a necessary infrastructure condition is imposed, the local government must give
               either an infrastructure charges notice or an amended infrastructure charges
               notice including details of the offset or refund.

13.6   Criteria for deciding a conversion application

       (1)     Each of the following criteria must be met for non-trunk infrastructure to be
               converted to trunk infrastructure :
               (a)      the infrastructure services development that is-
                        (i)    consistent with the assumptions about the type, scale, location or
                               timing of future development stated in the LGIP; and
                        (ii)   for premises completely inside the PIA.
               (b)      construction of the infrastructure has not yet started



                               Council Resolution effective 20 August 2021

Section 29

                                                   29
                                           Noosa Shire Council
                                      Charges Resolution (No.6) 2021



                 (c)      the infrastructure is inconsistent with the requirements for non-trunk
                          infrastructure stated in clause 145 of the Planning Act.
                 (d)      the infrastructure is owned or will be owned by the local government
                 (e)      the infrastructure is not temporary infrastructure
                 (f)      the infrastructure will be used by other development
                 (g)      the type, capacity and function of the infrastructure is:
                          (i)    consistent with the trunk infrastructure identified in the local
                                 government’s LGIP and the examples of trunk infrastructure
                                 identified for a network in Table 13.1
                          (ii)   inconsistent with the examples of non-trunk infrastructure identified
                                 for a network in Table 13.1
                 (h)      the type, size and location of the infrastructure is the most cost effective
                          option for servicing multiple developments in the area.
                 (i)      the infrastructure could have been planned by the local government
                          without knowing the detailed layout of lot reconfigurations or the design
                          details for material change of use applications in the area. That is, the
                          infrastructure could have been planned during preparation of the LGIP
                          using only the planned density assumptions stated in the LGIP.
        (2)      The most cost effective option for trunk infrastructure provision means the least
                 cost option based upon the life cycle cost of the infrastructure required to service
                 future urban development in the area at the desired standard of service.
Table 13.1 – Examples of trunk infrastructure and non-trunk infrastructure for Council’s
networks

Infrastructure network   Examples of trunk infrastructure               Examples of non-trunk infrastructure

Stormwater               Land and/or works for:                         Land and/or works for:
                         • the following stormwater infrastructure        • Privately     owned      stormwater
                           items which service a minimum of 300             infrastructure (e.g. dams, retention
                           residential lots or equivalent demand:           basins on private property)
                            o Bio-retention swale                         • bulk   stormwater      infrastructure
                            o Channel                                       owned by state or state entity
                            o Culvert                                     • the        following    stormwater
                            o Pipe                                          infrastructure items which service
                                                                            less than 300 residential lots or
                            o Revegetation                                  equivalent demand:
                            o Stormwater quality devices                    o Bio-retention swale
                            o Retention basin / wetland                     o Channel
                            o Detention basin                               o Culvert
                                                                            o Pipe
                                                                            o Revegetation
                                                                            o Stormwater quality devices
                                                                            o Retention basin / wetland
                                                                            o Detention basin




                                 Council Resolution effective 20 August 2021

Section 30

                                                  30
                                          Noosa Shire Council
                                     Charges Resolution (No.6) 2021



Infrastructure network   Examples of trunk infrastructure              Examples of non-trunk infrastructure

Transport                Land and/or works for:                        Land and/or works for:
                         • the following local government roads,        •     State controlled roads
                           including associated intersections,          •     the following local government
                           roundabouts, bridges and culverts:                 roads,      including    associated
                            o arterial roads                                  intersections, roundabouts, bridges
                            o sub-arterial roads                              and culverts:
                            o district collector roads in urban               o access streets
                                areas having a capacity equal to              o access roads
                                or greater than 16,000 vpd and                o minor collector roads.
                                servicing a minimum of 300
                                residential lots or equivalent          •     standard items associated with the
                                demand                                        road profile of a local government
                                                                              road specified above including kerb
                            o district collector roads in non-                and channelling, lighting, signage,
                                urban areas having a capacity                 traffic lights, foot and cycle paths
                                equal to or greater than 1,000 vpd            and basic verge plantings
                                and servicing a minimum of 100
                                residential lots or equivalent          •     bus stops constructed as part of a
                                demand                                        local government road specified
                                                                              above.
                         • standard items associated with the
                           road profile of a local government road      •     streetscaping
                           specified above, including kerb and          •     local area traffic management
                           channelling, lighting, signage, traffic      •     pedestrian and cycle paths which
                           lights, foot and cycle paths and basic             perform a local neighbourhood
                           verge plantings                                    function
                         • pedestrian and cycle paths which
                           perform a shire wide or district function
                         • bus stops constructed as part of a
                           local government road specified above
Public parks and land    Land and/or works that ensure the land is     Land and/or works for:
for community            suitable for:                                  •     Privately owned parks
facilities               • the following public parks and land for      •     National parks
                           community facilities which service a
                           minimum of 300 residential lots or           •     State forestry areas
                           equivalent demand:                           •     Areas within local government
                            o district recreation park                        owned parks that allow limited
                                                                              public access or do not perform a
                            o shire wide recreation park
                                                                              primary    park   function    (e.g.
                            o district sporting park                          bushland,      waterways       and
                            o shire wide sporting park                        environmental areas)
                            o local land for community facilities       •  Any public park or land for
                                for the purpose of community               community facility which services
                                halls or centres, public recreation        less than 300 residential lots or
                                centres and public libraries.              equivalent demand
                         • Embellishments necessary to make            Any embellishments for a trunk public
                           the above specified public parks safe       park which are not specified as
                           and useable including:                      examples of trunk infrastructure.
                            o footpaths and cycle paths
                            o shade structures
                            o picnic & play facilities




                                Council Resolution effective 20 August 2021

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