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PC21-0024 ICN.N1594 51 Sunset Drive NOOSA HEADS QLD 4567
PO Box 141, Tewantin, QLD 4565
Phone (07) 5329 6500 Fax (07) 5329 6501
Email: [email protected] Website: www.noosa.qld.gov.au
ABN 97 969 214 121
INFRASTRUCTURE CHARGES NOTICE
To: Maurice Milani Infrastructure Charges Notice No: N1594
51 Sunset Drive Revision: 0
NOOSA HEADS QLD 4567
Date of Issue: 28 January 2021
Email: [email protected]
Notice is hereby given that this infrastructure charge notice is levied by the Noosa Shire Council on the
described land in accordance with the planning legislation applicable at the time of issue.
DEVELOPMENT AND LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
PC21/0024 (Re: Core Building Certification – Decision
Development Approval Reference:
Notice: 200020)
Land / Property Address: 51 Sunset Drive NOOSA HEADS QLD 4567
Real Property Description: Lot 86 RP 132405
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
• Noosa Shire Council Charges Resolution (No.5) 2020 (effective 31 July 2020)
*NET INFRASTRUCTURE CHARGE PAYABLE = $6,437.00
Planning Regulation at
*Current at: 2020-2021 Financial Year
*SUBJECT TO AUTOMATIC INCREASE PROVISION:
The net infrastructure charge amount payable is subject to automatic indexation to the time of making
payment. Indexation is applied annually per Financial Year using variations applicable to the “maximum
amount” possible to be issued under the Planning Regulation 2017 as amended in accordance with the
legislation from the stipulated base date to the time of issue and payment.
NOTE:
• The Council Infrastructure Charges calculation details are provided on page 3 of this notice.
• Separate Infrastructure Charges may be issued by Unitywater as applicable.
DATE FOR PAYMENT OF THE INFRASTRUCTURE CHARGE
The Infrastructure Charge is to be paid to NOOSA COUNCIL as follows:
DEVELOPMENT PERMIT TYPE DUE DATE FOR PAYMENT
When the certificate of classification or final inspection
Building Work certificate for the building work is given &/or prior to
occupancy of the building
*CONTACT COUNCIL 5 days PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE.
Further information on Infrastructure Charges is available on Council’s website:
https://www.noosa.qld.gov.au/homepage/165/infrastructure-charges
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 1
[OCR of page images]
wm 5 PO Box 141, Tewantin, QLD 4565
m M NOOSA COUNCIL Era malGnooss ad. a0vay Wabsite. vow noowa.qld.gov.au
INFRASTRUCTURE CHARGES NOTICE
To: — Maurice Milani Infrastructure Charges Notice No: N1594
51 Sunset Drive Revision: 0
NOOSA HEADS QLD 4567
Date of Issue: 28 January 2021
Email: [email protected]
Notice is hereby given that this infrastructure charge notice is levied by the Noosa Shire Council on the
described land in accordance with the planning legislation applicable at the time of issue.
DEVELOPMENT AND LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
PC21/0024 (Re: Core Building Certification — Decision
Notice: 200020)
Land / Property Address: 51 Sunset Drive NOOSA HEADS QLD 4567
Real Property Description: Lot 86 RP 132405
Development Approval Reference:
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
e Noosa Shire Council Charges Resolution (No.5) 2020 (effective 31 July 2020)
*NET INFRASTRUCTURE CHARGE PAYABLE = $6,437.00
‘ Planning Regulation at
Current at: | 3920-2021 Financial Year
* SUBJECT TO AUTOMATIC INCREASE PROVISION:
The net infrastructure charge amount payable is subject to automatic indexation to the time of making
payment. Indexation is applied annually per Financial Year using variations applicable to the “maximum
amount” possible to be issued under the Planning Regulation 2017 as amended in accordance with the
legislation from the stipulated base date to the time of issue and payment.
NOTE:
e The Council Infrastructure Charges calculation details are provided on page 3 of this notice.
e Separate Infrastructure Charges may be issued by Unitywater as applicable.
DATE FOR PAYMENT OF THE INFRASTRUCTURE CHARGE
The Infrastructure Charge is to be paid to NOOSA COUNCIL as follows:
DEVELOPMENT PERMIT TYPE DUE DATE FOR PAYMENT
When the certificate of classification or final inspection
Building Work certificate for the building work is given &/or prior to
occupancy of the building
*CONTACT COUNCIL 5 days PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE.
Further information on Infrastructure Charges is available on Council’s website:
https://www.noosa.qld.gov.au/homepage/165/infrastructure-charges
Ti Q ~ TY PO Box 141 P. (07) 5329 6500 [email protected]
NOOSA COUNCIL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 1
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REFUND PROVISION:
Where the value of a “Trunk” Infrastructure Offset exceeds the Net Infrastructure Charge Payable, a refund
will be provided in accordance with Clause 12.4 of Council’s Resolution.
TERMS OF REFUND REFUND AMOUNT
Not Applicable $0.00
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.
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.
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 this infrastructure charges notice.
INFRASTRUCTURE CHARGES ENQUIRIES:
Enquiries regarding this infrastructure charges notice should be directed to Council’s office:
• Phone (07) 5329 6211 or 5329 6449 during office hours; or
• E-mail: [email protected]
METHODS OF PAYMENT:
Cheque or money order to be made payable to: Noosa Council
Mail
PO Box 141, Tewantin, QLD 4565
Noosa Council, 9 Pelican Street, Tewantin
In Person
Office hours: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays)
Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card transactions.
Payment by electronic transfer direct to Council’s Bank Account is only
Direct Bank Transfer available by special arrangement. Contact Infrastructure Enquiries at:
[email protected]
SPECIAL NOTES:
Nil
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 2
[OCR of page images]
REFUND PROVISION:
Where the value of a “Trunk” Infrastructure Offset exceeds the Net Infrastructure Charge Payable, a refund
will be provided in accordance with Clause 12.4 of Council’s Resolution.
TERMS OF REFUND REFUND AMOUNT
Not Applicable $0.00
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. aninfrastructure 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.
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.
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 this infrastructure charges notice.
INFRASTRUCTURE CHARGES ENQUIRIES:
Enquiries regarding this infrastructure charges notice should be directed to Council’s office:
e Phone (07) 5329 6211 or 5329 6449 during office hours; or
e E-mail: [email protected]
METHODS OF PAYMENT:
Cheque or money order to be made payable to: Noosa Council
Mail PO Box 141, Tewantin, QLD 4565
Noosa Council, 9 Pelican Street, Tewantin
Son Office hours: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays)
Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card transactions.
Payment by electronic transfer direct to Council’s Bank Account is only
Direct Bank Transfer available by special arrangement. Contact Infrastructure Enquiries at:
[email protected]
SPECIAL NOTES:
Nil
Ti Q ~ TY PO Box 141 P. (07) 5329 6500 [email protected]
NOOSA COUNCIL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 2
Page 3
INFRASTRUCTURE CHARGE CALCULATION DETAILS:
The infrastructure charge is calculated in accordance with Council’s Infrastructure Charges Resolution incorporating the charge apportionment (break-up) agreement with Unitywater in
compliance with the planning legislation and regulations applying at the time of issuing the notice.
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.5.1) 2020 (Effective 16 October 2020)
The Noosa Plan 2006 Planning Regulation 2017 &
(Superseded planning scheme) The Noosa Plan 2020
Current at: 28 August 2019 for the 2020-2021 Financial Year
Column 1a Column 1b Column 2 Column 3 PC21/0024 (Re: Core Building Certification - Decision Notice: 200020)
COUNCIL COUNCIL
Planning Regulation 2017 COUNCIL CHARGE CALCULATION
APPORTIONMENT CHARGE
Schedule 16 Prescribed amount NET
Use Use
(As inserted by the Planning Legislation (Fees and Other (per Charges breakup agreement APPROVED EXISTING CHARGE
CHARGEABL
Amounts) Amendment Regulation 2020) of Prescribed amount) QTY QTY AMOUNT $
E QTY
Residential uses
• Detached house
1 Dwelling house
• Ancillary dwelling unit for each dwelling with 3 or more bedrooms $30,226.70 60% $18,136.02 1 1 0 $0.00
2 Dual occupancy
Multiple housing
3 Caretaker’s accommodation for each dwelling if Secondary dwelling to
• Type 2 Duplex $21,590.50 60% $6,437.96 1 1 $6,437.96
4 Multiple dwelling Dwelling house (Council reduced rate by -50.3%)
• Type 4 Conventional
Sub-Total, Residential = $6,437.96
Calculation at
Planning
Regulation
2020-2021
Financial Year
CALCULATED INFRASTRUCTURE CHARGE = $6,437.00
Transport and/or Stormwater network service reductions due to
Location $0.00
development location
Council Policy “Infrastructure Charges Rebates For Community
Rebate $0.00
Organisations”
REDUCTIONS
Trunk Infrastructure Offset $0.00
Other $0.00
*NET INFRASTRUCTURE CHARGE PAYABLE = $6,437.00
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 3
[OCR of page images]
INFRASTRUCTURE CHARGE CALCULATION DETAILS:
The infrastructure charge is calculated in accordance with Council’s Infrastructure Charges Resolution incorporating the charge apportionment (break-up) agreement with Unitywater in
compliance with the planning legislation and regulations applying at the time of issuing the notice.
NOOSA SHIRE COUNCIL CHARGES RESOLUTION (No.5.1) 2020 (Effective 16 October 2020)
The Noosa Plan 2006
Planning Regulation 2017 &
(superseded planning scheme) The Noosa Plan 2020 Current at: 28 August 2019 for the 2020-2021 Financial Year
Column 1a Column 1b Column 2 Column 3 'C21/0024 (Re: Core Building Certification - Decision Notice: 200020;
COUNCIL COUNCIL
Planning Regulation 2017 APPORTIONMENT | CHARGE COUNCIL CHARGE CALCULATION
vs u Schedule 16 Prescribed amount NET
“e se (As inserted by the Planning Legislation (Fees and Other | (per Charges breakup agreement |APPROVED| EXISTING | 0. 4,,| CHARGE
Amounts) Amendment Regulation 2020) of Prescribed amount) QTy Qty EaTY AMOUNT $
Residential uses
* Detached house 1 Dwelling h
* Ancillary dwelling unit welling house for each dwelling with 3 or more bedrooms $30,226.70 60% $18,136.02 1 1 0 $0.00}
© 2 Dual occupancy
Multiple housing 3 Caretaker’s accommodation fF h dwelling if Secondary dwell
/ Secondary dwelling
* Type 2 Duplex 4 Multiple dwelling or each dwelling if Secondary dwelling to $21,590.50 60% $6,437.96 1 1 $6,437.96]
Tune 4 Conventional Dwelling house (Council reduced rate by -50.3%)
Sub-Total, Residential = $6,437.96
Calculation at
Planning
Regulation
2020-2021
Financial Year
CALCULATED INFRASTRUCTURE CHARGE =
$6,437.00
Location Transport and/or Stormwater network service reductions due to $0.00)
development location
Rebate Council Policy “Infrastructure Charges Rebates For Community $0.00
REDUCTIONS Organisations’
Trunk Infrastructure Offset $0.00]
Other $0.00
*NET INFRASTRUCTURE CHARGE PAYABLE = $6,437.00
Ti Q ~ TY PO Box 141 P. (07) 5329 6500 [email protected]
NOOSA COUNCIL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 3
Page 4
PO Box 141, Tewantin, QLD 4565
Phone (07) 5329 6500 Fax (07) 5329 6501
Email: [email protected] Website: www.noosa.qld.gov.au
ABN 97 969 214 121
ADDITIONAL INFORMATION ON
INFRASTRUCTURE CHARGES NOTICE
1. PRELIMINARY
Infrastructure charges are triggered and issued on development approvals as a contribution towards the cost
of "trunk" infrastructure provided to service development and are governed by “Charges Resolutions” adopted
by local government in accordance with the planning legislation and regulations current at the time of issue.
• Infrastructure Charges Notices are issued separately by both Council and Unitywater relating to
their specified “Trunk” infrastructure networks.
2. DEVELOPMENT ASSESSMENT, DECISION AND REASONS FOR ISSUING CHARGE
The planning legislation provides for the following:
a) authorises local governments to do either or both of the following for development approvals in relation
to trunk infrastructure—
(i) adopt, by resolution, charges for development infrastructure and levy the charges (Refer to the
"Noosa Shire Council Charges Resolution” under which the infrastructure charge was issued);
(ii) impose particular conditions about development infrastructure; and
b) authorises local governments, for non-trunk infrastructure, to impose particular conditions about
development infrastructure; and
c) provides for a regulation to govern local government adopted charges and charges by distributor-
retailers under the SEQ Water Act for trunk infrastructure.
The triggers for issuing infrastructure charges are generally triggered by the issue of a development permit
for either:
(1) Reconfiguration of a lot; or
(2) Material Change of Use of Premises; or
(3) Building Works; or
(4) Other development.
Infrastructure charges are not imposed by condition on a development permit - they are an action that follows
the issue of a permit. So consequently, charges may be imposed in cases where a development permit for a lot
reconfiguration or material change of use of premises has previously been granted, but a development permit
for building works is yet to issue.
Council’s decision and reason/s for issuing the infrastructure charge is because the development results in an
increase in the type/s and/or quantity in use/s on the site and therefore places additional demand on
infrastructure. The determination of additional demand on infrastructure correlates directly to the
infrastructure charge calculation undertaken in accordance with Council’s Charges Resolution and the planning
legislation. Refer also to Queensland State Government Fact Sheet: “Local government infrastructure
framework, Calculating additional demand and existing use credits”.
The Infrastructure Charges Notice includes “Special Notes” (if applicable) on page 2 and together with the
infrastructure charge calculation on page 3, provides full and factual details to enable the applicant to review
and if required, for making a submission to Council on the infrastructure charge issued in relation to any of
the following:
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 4
[OCR of page images]
PO Box 141, Tewantin, QLD 4565
a NOC VMCOLOINOIO 2. clctict cn: Wil awe tora
ADDITIONAL INFORMATION ON
INFRASTRUCTURE CHARGES NOTICE
1. PRELIMINARY
Infrastructure charges are triggered and issued on development approvals as a contribution towards the cost
of "trunk" infrastructure provided to service development and are governed by “Charges Resolutions" adopted
by local government in accordance with the planning legislation and regulations current at the time of issue.
e Infrastructure Charges Notices are issued separately by both Council and Unitywater relating to
their specified “Trunk" infrastructure networks.
2. DEVELOPMENT ASSESSMENT, DECISION AND REASONS FOR ISSUING CHARGE
The planning legislation provides for the following:
a) authorises local governments to do either or both of the following for development approvals in relation
to trunk infrastructure—
(i) adopt, by resolution, charges for development infrastructure and levy the charges (Refer to the
"Noosa Shire Council Charges Resolution” under which the infrastructure charge was issued);
(ii) impose particular conditions about development infrastructure; and
b) authorises local governments, for non-trunk infrastructure, to impose particular conditions about
development infrastructure; and
c) provides for a regulation to govern local government adopted charges and charges by distributor-
retailers under the SEQ Water Act for trunk infrastructure.
The triggers for issuing infrastructure charges are generally triggered by the issue of a development permit
for either:
(1) Reconfiguration of a lot; or
(2) Material Change of Use of Premises; or
(3) Building Works; or
(4) Other development.
Infrastructure charges are not imposed by condition on a development permit - they are an action that follows
the issue of a permit. So consequently, charges may be imposed in cases where a development permit for a lot
reconfiguration or material change of use of premises has previously been granted, but a development permit
for building works is yet to issue.
Council's decision and reason/s for issuing the infrastructure charge is because the development results in an
increase in the type/s and/or quantity in use/s on the site and therefore places additional demand on
infrastructure. The determination of additional demand on infrastructure correlates directly to the
infrastructure charge calculation undertaken in accordance with Council's Charges Resolution and the planning
legislation. Refer also to Queensland State Government Fact Sheet: “Local government infrastructure
framework, Calculating additional demand and existing use credits”.
The Infrastructure Charges Notice includes “Special Notes" (if applicable) on page 2 and together with the
infrastructure charge calculation on page 3, provides full and factual details to enable the applicant to review
and if required, for making a submission to Council on the infrastructure charge issued in relation to any of
the following:
C ~ TY PO Box 141 P. (07) 5329 6500 [email protected]
NOOSA C OUNCIL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 4
Page 5
1. the types and quantities of uses approved by the development permit for the site which may relate to:
a. the total development of the site; or alternatively,
b. just the additional development to that existing on the site.
2. the types and quantities of existing or previously existing “lawful” uses to be used as existing credits
in calculations relating to the total development of the site (applying to calculations under 1. a. above);
3. offsets for “trunk” infrastructure that is contained in a development permit condition to be provided
by the development for crediting against the infrastructure charge calculation (if applicable); and
4. any other mitigating items (if applicable) that impact the net infrastructure charge amount payable.
Should the applicant believe these details to be incorrect or an omission exists, the applicant may make
representation/s to Council on the Infrastructure Charges Notice providing full supporting particulars with
documentation to enable review of the additional information to be conducted. Where representations are
agreed and verified as being correct, the representation/s will form the basis for a negotiated/amended
infrastructure charges notice to be issued as applicable.
Under the planning legislation, a levied charge paid to a local government must be used to provide trunk
infrastructure. Council’s planning scheme identifies trunk infrastructure in Schedule 9.2-Schedule of Works
of its Local Government Infrastructure Plan (LGIP). https://www.noosa.qld.gov.au/view-the-noosa-plan
3. FURTHER INFORMATION & INFRASTRUCTURE CHARGES ENQUIRIES
Further information on Infrastructure Charges is provided for viewing on Council’s website:
https://www.noosa.qld.gov.au/homepage/165/infrastructure-charges
Infrastructure charges enquiries should be directed to the appropriate entity as follows:
(1) Council Infrastructure Charges enquiries should be directed to Noosa Council’s office:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]
(2) Unitywater Infrastructure Charges enquiries should be directed to Unitywater’s office:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
E-mail: [email protected]
5. RIGHTS OF APPEAL
Prior to making an appeal about an infrastructure charge notice, the recipient must first suspend the
appeal period and make written representations to Council about the infrastructure charges notice in
accordance with the planning legislation. Full particulars with supporting documentation must be provided
by the recipient to enable Council’s assessment of the representation to occur.
If Council agrees or agrees in part with the representations, a Negotiated/Amended Infrastructure
Charges Notice will be issued accordingly with details of Council’s decision.
If Council does not agree with the representations, the Infrastructure Charges Notice issued remains
unchanged and details of Council’s decision will be provided.
The appeal period for the infrastructure charges notice starts again when Council gives the decision notice
about the representations to the recipient.
The applicant may appeal against Council’s decision on representations and a copy of the relevant appeal
provisions from the Planning Act 2016 is provided on the following page.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 5
[OCR of page images]
1. the types and quantities of uses approved by the development permit for the site which may relate to:
a. the total development of the site; or alternatively,
b. just the additional development to that existing on the site.
2. the types and quantities of existing or previously existing “lawful” uses to be used as existing credits
in calculations relating to the total development of the site (applying to calculations under 1. a. above);
3. offsets for “trunk” infrastructure that is contained ina development permit condition to be provided
by the development for crediting against the infrastructure charge calculation (if applicable); and
4. any other mitigating items (if applicable) that impact the net infrastructure charge amount payable.
Should the applicant believe these details to be incorrect or an omission exists, the applicant may make
representation/s to Council on the Infrastructure Charges Notice providing full supporting particulars with
documentation to enable review of the additional information to be conducted. Where representations are
agreed and verified as being correct, the representation/s will form the basis for a negotiated/amended
infrastructure charges notice to be issued as applicable.
Under the planning legislation, a levied charge paid to a local government must be used to provide trunk
infrastructure. Council's planning scheme identifies trunk infrastructure in Schedule 9.2-Schedule of Works
of its Local Government Infrastructure Plan (LGIP). https://www.noosa.qld.gov.au/view-the-noosa-plan
3. FURTHER INFORMATION & INFRASTRUCTURE CHARGES ENQUIRIES
Further information on Infrastructure Charges is provided for viewing on Council's website:
https://www.noosa.qid.gov.au/homepage/165/infrastructure-charges
Infrastructure charges enquiries should be directed to the appropriate entity as follows:
(1) Council Infrastructure Charges enquiries should be directed to Noosa Council's office:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]
(2) Unitywater Infrastructure Charges enquiries should be directed to Unitywater's office:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
E-mail: [email protected]
5. RIGHTS OF APPEAL
Prior to making an appeal about an infrastructure charge notice, the recipient must first suspend the
appeal period and make written representations to Council about the infrastructure charges notice in
accordance with the planning legislation. Full particulars with supporting documentation must be provided
by the recipient to enable Council's assessment of the representation to occur.
If Council agrees or agrees in part with the representations, a Negotiated/Amended Infrastructure
Charges Notice will be issued accordingly with details of Council's decision.
If Council does not agree with the representations, the Infrastructure Charges Notice issued remains
unchanged and details of Council's decision will be provided.
The appeal period for the infrastructure charges notice starts again when Council gives the decision notice
about the representations to the recipient.
The applicant may appeal against Council's decision on representations and a copy of the relevant appeal
provisions from the Planning Act 2016 is provided on the following page.
C ~ TY PO Box 141 P. (07) 5329 6500 [email protected]
NOOSA COUNCIL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 5
Page 6
PO Box 141 P. (07) 5329 6500 [email protected] TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au ICN - Page 6 [OCR of page images] Appeal Rights 4 H COUNCIL PLANNING ACT 2016 & PLANNING REGULATION 2017 Chapter 6 Dispute resolution Part 1 Appeal rights 223 Appeals to tribunal or P&E Court (1) (a) Matters that may be appealed to- (l) ether a tribunal or the P&E Court; or (ll) only a tribunal; or (IE) only the P&E Court; and (b) The person- (i) who may appeal a matter (the appellant); and (ll) who Is a respondent In an appeal of the matter; and (IE) who Is 3 co-respondent In an appeal of the matter; and () tuto may elect to be a co-respondent m an appest ofthe (2) An appellant may start an appeal within the appeal period. (3) The appeal period is — (a) for an appeal by a Dullding advisory agency — 10 business days after 2 decision notice for the decision Is given to the agency; or (b) for an appeal against a deemed refusal — at any time after the deemed refusal happens; or (c) foran appeal against a decision of the Minister, under chapter 7, part 4, to ragister premises or to renew the registration of premises — 20 business days after a notice us published under section 269(3)(a) or (4); or (4) for an appeal against an infrastructure charges notice - 20 business days after the Infrastructure charges notice Is given to he person: or (e) for an appeal about 3 deemed approval of 2 development application for which 2 decision notice has not been given — 30 business days after the applicant gives the deemed approval notice to the assessment manager, or (f) for any other appeal — 20 business days after a notice of the Gecision for the matter, Including an enforcement notice, is given to the person. Note - See the P&E Court Act for the court's power to extend the appeal period. (4) Each respondent and co-respondent for an appeal may be neard in the appeal. (5) if an appeal is only about a referral agency's response, the assessment manager may apply to the triounal or P&E Court to withdraw from the appeal (6) To remove any doubt It Is deciared that an appeal [against an infrastructure charges notice must not be about- (a) the adopted charge Itself, or (b) fora decision about an offset or refund- (I) the estabismment cost of trunk Infrastructure identified In a LGIP; or (ll) the cost of infrastructure decided using the memod included in Ne local government's charges resolution. 230 Notice of appeal (1) An appefant starts an appeal by lodging, with the registrar of the tnbunal or P&E Court, a notice of appeal that- (a) Is in the approved form; and (b) succinctly states the grounds of the appeal. (2) The notice of appeal must be accompanied by the required fee. 8) (4) 5) (6) The appellant of, for an appeat to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to - (2) the respondent for the appeal; and (b) each co-respondent for the appeal; and (c) Toran appeal about a development application under schedule 1, table 1, lem 1 — each principal submitter for the development application: and (0) for and appeal about a change application under schedule 1, table 1, Item 2 - each principal submitter for the change appiication; and (@) each person who may elect to become a co-respondent for the appea, other than an eligible submitter who is not a principal submitter In an appeal under paragraph (c) or (a); and (f) for an appeal to the P&E Court — the chief executive; and (g) for an appeat to a triounal under another Act - any other person who the registrar considers appropriate. ‘The service period is — (a) ta submitter or advice agency stared the appeal in the P&E Court - 2 business days after the appeal has started; or (b) otherwise - 10 business days after the appeal Is started. A notice of appeal given to 2 person who may elect to be a co- respondent must state the effect of subsection (6). A person elects to be 2 co-respondient by filing 2 notice of election, In the approved form, within 10 business days after the notice of appeal Is given to the person. 231 Other appeals (1) (2) 8) (4) Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Cour decides a decision or other matter under this Act ls affected by jurisdictional error, the decision or matter Is non- appealanle. The Judicial Review Act 1901, part S applies to the decision or Matter to the extent It is affected by Jurisdictional error. A person who, Dut for subsection (1) coukd nave made an application under the Judicial Review Act 1991 in retation to the decision or matier, may apply under part 4 of mat Act for a statement of reasons In relation to the decision or matter. in this section — decision inciudes- (a) conduct engaged in for the purpase of making a decision; and (b) other conduct that relates to the making of a decision: and (c) the making of a decision or failure to make a decision; and (0) 3 purported decision: and (e) 3 deemed refusal. non-appealable, for a decision or matter, means the decision or matter- (a) 15 final and conclusive; and (D) may not be challenged, appealed against, reviewed, quashed, set aside or called Into question In any other way under the Judicial Review Act 1997 or otherwise, whether by the Supreme Court, another court, a tripunal or another entity: and (c) 5 not subject to any deciaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground. 232 Rules of the P&E Court (1) (2) A person who is appealing to the PSE Court must comply with the rules of the court that apply to the appeal. However, the P&E Court may near and decide an appeal even the person has not compiled with the rules of the P&E Court NOOSA COUNCIL — Fewantin QLD 4565 ABN: 97 969 214 121 P. (07) 5329 6500 [email protected] F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 6