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2022-08-09 Planning & Environment Meeting Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT   09 AUGUST 2022




                                                    Page 76 of 103

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                            09 AUGUST 2022

                                                          15
                                                   Noosa Shire Council
                                              Charges Resolution (No.7) 2022

           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 19 August 2022

                                                                                              Page 76 of 103
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