2014-01-28 Planning & Organisation Committee Item 4.1 Attachment 1

                                                 26
                                         Noosa Shire Council
                        Adopted Infrastructure Charges Resolution (No. 1) 2014



                        section 11.5 (Application of an infrastructure offset) (unused
                        infrastructure offset).

12.3    Claim for a refund

        (1)    The claimant may give a notice in the prescribed form to the Council which states
               the following:
               (a)      that the development to which a trunk infrastructure contribution relates
                        has been lawfully completed;
               (b)      that the claimant seeks a refund of the unused infrastructure offset;
               (c)      the claimant's estimate of the unused infrastructure offset.
        (2)    The Council is to give a notice in the prescribed form to the claimant which states
               the following:
               (a)     whether an unused infrastructure offset is applicable or not;
               (b)      if an unused infrastructure offset is not applicable, the reason;
               (c)     if an unused infrastructure offset is applicable, the value of the unused
                       infrastructure offset.

12.4    Entitlement to a refund

       (1)     The claimant is only entitled to a refund from the Council under an infrastructure
               agreement prepared by the Council at the cost of the claimant.
       (2)     The refund is to accord with the following terms unless otherwise agreed in the
               infrastructure agreement:
               (a)      the refund is to be paid from the prescribed amount of an adopted
                        infrastructure charge for the development of the serviced premises which
                        is collected by the Council for a period of 5 years from the date of the
                        notice under section 12.3(2) (Claim for a refund);
               (b)      the prescribed amount, is that portion of the adopted infrastructure charge
                        allocated to the trunk infrastructure network of which the trunk
                        infrastructure contribution forms part, which is equal to the proportion of
                        the establishment cost of the trunk infrastructure contribution that can
                        reasonably be apportioned to the serviced premises;
               (c)      the refund is not to exceed the value of the unused infrastructure offset.




                              Council Resolution dated 6 February 2014