2014-12-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                               15 DECEMBER 2014


5                         NOOSA WATERS LOCK & WEIR LEVY
DOCUMENT IN FOR MATI ON




Author                               Chief Executive Officer, Brett de Chastel
                                     Executive Office

Index                                ECM/ Subject/ Noosa Waters Lock and Weir Levy

Attachments                          Nil


EXECUTIVE SUMMARY
Council has surplus levy funds of $731,873 that it has collected over the last 14 years in relation
to the Noosa Waters lock and weir operations and maintenance. Following an assessment of
long term maintenance requirements it has been identified that those funds are not required for
future lock and weir expenditure purposes. There is also a legal question as to whether Council
has been able to carry forward surpluses from the lock and weir each year but there is no legal
doubt that Council has had the power to levy ratepayers to collect funds for the lock and weir
each year.

Recognising these issues, it is proposed to implement a program to refund the surplus funds in
accordance with the provisions of the Local Government Act and Regulation. Legal advice from
King and Co has provided a mechanism for ensuring that Council meets its legal obligations in
providing such a refund. This mechanism is reasonably complex but involves identifying the
amount of the lock and weir levy surplus for each year from 2000/2001 through to 2013/2014
(already undertaken) and then apportioning the surplus to the owners of properties who owned
the property at the end of each financial year. Refunds to current owners based on the length of
their tenure are proposed to be included in the January rates notice as a credit. Previous owners
will be identified over time and refunded according to their proportional entitlement of the surplus.

RECOMMENDATION
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 15 December 2014 providing background to the history of the Noosa Waters lock and weir
levy and:
A.                        Note that the current levy that has accumulated from 2000/2001 to 30 June 2014 will be
                          surplus to future requirements for the Noosa Waters lock and weir;
B.                        Note that section 96 of the Local Government Regulation has specific provisions in relation
                          to how refunds of levy surpluses must be undertaken; and
C.                        Authorise the CEO to implement a refund of the Noosa Waters lock and weir levy surpluses
                          for the period 2000/2001 to 30 June 2014 in accordance with the approach outlined in the
                          report and based on legal advice from King and Co.



REPORT
Surplus Noosa Waters Lock and Weir Funds

As Council is aware, a levy has been in place since 2000/2001 to manage the costs associated
with the operation and maintenance of the Noosa Waters Lock and Weir. Over the years,
Council has built up a considerable reserve as the amount collected from year to year has not
been fully expended in each given year. As at 30 June 2014, the amount in the Noosa Waters
lock and weir reserve was $731,873.


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