2018-03-06 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                       6 MARCH 2018


6                        POLICY - UTILITY SERVICES THROUGH PUBLIC LAND TO SERVICE JETTIES &
                         OTHER FACILITIES
DOCUMENT INFORM AT ION




Author                               Civil Operations Manager, Allan Hull
                                     Infrastructure Services Department

Index                                ECM/ Subject / 27.48 Council Policies

Attachments                          1.    Utility Services through Public Land to Service Jetties & Other
                                           Facilities Policy


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Civil Operations Manager to the Services & Organisation
Committee Meeting dated 6 March 2018 and adopt the Utility Services through Public Land to
Service Jetties & Other Facilities Policy as attached to the report.

REPORT
There are instances where jetties and other marine based facilities that adjoin Council controlled
public land such as along the Noosa River foreshore have, or seek to have, connections to utilities
such as reticulated water, sewer and electricity.

The issues for Council include:
1.                       Where there is no lease or permit to occupy under the State Land Act 1994, the utility
                         providers link the billing to the adjoining Council property. Council then has no legal basis
                         for recovery of the charges and incurs administrative costs in identifying and attempting to
                         recover the charges.
2.                       Where there is no registered title, there is no means for Council to know the identity of the
                         lawful owner or when changes of ownership occur, putting at risk its ability to recover charges
                         owing.
3.                       The risk associated with damage, loss or injury to a person or property rests with Council as
                         technically, the property service line is owned by Council as it is within Council controlled
                         land.

The established practice of utility providers is that they will only locate the property service
connection point and service meter in road reserve (although there are historical exceptions). This
means that where a jetty or other facility abuts public land other than road reserve, the property
service line must traverse Council-controlled State Land.

Utility service providers also require that a property service connection/meter be linked to a
registered property for billing purposes i.e. a lot/plan registered with the Titles Office which provides
legal details of ownership (or lessee) and tenure arrangements. This approach is necessary to
provide a legal basis for their charging of costs and in the case of water and sewerage services to
ensure they are notified when there is a change of ownership.

Commercial jetties operate under a lease from the State to occupy Crown Land and the
arrangement is registered with the Titles Office resulting in a registered property description and
details of the lessee and form of tenure. In those cases, billing for utilities is direct to the
leaseholder.
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