REC11-0045_InfrastructureChargeNotice_IC1006 - Rev0 · REC11/0045

Coastal Major Road Network Infrastructure Charges Plan: Explanatory Statement                                                       2

MAP 1 COASTAL AREA
                                                                                        4.     EFFECT OF CHARGE NOTICE

                                                                                        An infrastructure charge fixed by a local government is, for the
                                                                                        purposes of recovery, taken to be a rate within the meaning of the
                                                                                        Local Government Act 1993.
                                                                                        This means infrastructure charges can be recovered as if it were a
                                                                                        rate (i.e. the charge can be recovered as a debt from the current
                                                                 Noosa Heads


           Doonan & Tewantin                                                            owner of the land).

                                                    Noosaville
                                                                                        Infrastructure charges plus any arrears and interest thereon
                                                                                        may be recovered by legal process without further notice if
                                                                     Castaways Beach,
                                                                                        unpaid after the expiration of the due date.
                                                                      Sunrise Beach &

                                                                                        5.     REDUCTION IN CHARGES
                                                                      Sunshine Beach



                                                                                        For some forms of development, the combination of circumstances
                       Areas of Doonan & Tewantin
                       Localities excluded from
                                                                                        that may apply is broad and may be complex. Where it is believed
                       Coastal Area
                                                                 Marcus Beach &
                                                                                        that CMRNICP charges should be reduced or not levied due to the
             COASTAL AREA
                                                                 Peregian Beach         circumstances defined in CMRNICP section 7.10a-e, development
                                                                                        proponents may wish to make application to Council for adjustment
             (indicating localities defined for
             the planning scheme under
             preparation as part of the
             Choosing Futures process)                                                  of charges. Such applications should be accompanied by relevant
                                                                                        histories and payment and construction details.

                                                                                        6.     APPEALS ABOUT INFRASTRUCTURE CHARGES
3.           INFRASTRUCTURE CHARGE NOTICES
                                                                                        IPA Section 4.1.36 Appeals about particular infrastructure
3.1          INTEGRATED PLANNING ACT 1997                                               charges states:
                                                                                        (1) This section applies to a person who has been given, and is
Most of the procedures governing the process for charging are                           dissatisfied with, an infrastructure charges notice or a regulated
defined by the IPA and not by the Coastal Major Road Network                            State infrastructure charges notice.
Infrastructure Charges Plan.                                                            (2) The person may appeal to the court against the notice.
3.2          TRIGGERS FOR INFRASTRUCTURE CHARGES                                        (3) The appeal must be started within 20 business days after—
                                                                                           a) if the notice is given because of a development approval or
The triggers for issuing infrastructure charges are defined in                                  master plan approval—the day the applicant is given notice
the CMRNICP and IPA, however will generally be triggered by:                                    of the decision about the approval; or
• The issue of a development permit by Council for either:                                 b) otherwise—the day the notice is given to the person.
                 (i)         Reconfiguration of a lot; or                                (4) An appeal under this section may only be about—
                                                                                           a) whether a charge in the notice is so unreasonable that no
                (ii)         Material Change of Use of Premises; or
                                                                                                reasonable relevant local government, State infrastructure
• On Council’s receipt of a copy of a development permit for                                    provider or coordinating agency could have imposed it; or
     Building Works issued by a Private Certifier.                                         b) an error in the calculation of the charge.
Under the IPA, infrastructure charges are not imposed by                                (5) To remove any doubt, it is declared that an appeal under this
condition on a development permit - they are an action that                             section can not be about the methodology used to establish the
follows the issue of a permit. So consequently, charges may be                          charge in the relevant infrastructure charges schedule or
imposed in cases where a development permit for a lot                                   regulated State infrastructure charges schedule.
reconfiguration or material change of use of premises has
previously been granted, but a development permit for building                          7.     FURTHER INFORMATION
works is yet to issue for example:
                                                                                        Any person may inspect or purchase copies of the adopted
     (i)        A developer obtained a permit for a material change of                  amendment or supporting documentation from Council’s Tewantin
                use for three units or a commercial premises in 2001                    office at Pelican Street, Tewantin.
                and with that approval still current, obtains a
                                                                                        The CMRNICP can also be viewed at and printed from Council’s
                development permit for building works in 2005.
                                                                                        website at: www.sunshinecoast.qld.gov.au
                Subsequent to the issue of the development permit for
                building works, Council would issue a notification of the               For further information and for general enquiries on
                charge to the applicant/developer.                                      infrastructure charging, please contact the Infrastructure Policy
                                                                                        Branch on: (07) 5441 8679.
  (ii)          Similarly, subsequent to Council receiving a copy of a
                development permit for building works issued by a
                private certifier for a new dwelling house on a vacant
                lot, Council would issue a notification of the charge to
                the applicant unless the contribution has previously
                been paid under an earlier development permit.




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