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IC-N2099_MCU21-0110_61 Noosa Springs Dr NOOSA HEADS
INFRASTRUCTURE CHARGES NOTICE
To: Noosa Springs Real Estate Pty Ltd Infrastructure Charges Notice No: N2099
C/- Adamson Town Planning Pty Ltd Revision: 0
PO Box 894
COOROY QLD 4563 Date of Issue: 22 May 2025
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:
Development Approval Reference: MCU21/0110
Land / Property Address: 61 Noosa Springs Dr NOOSA HEADS QLD 4567
Real Property Description: Lot 4 SP 178340
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
Noosa Shire Council Charges Resolution (No.7) 2022 (effective 19 August 2022)
*NET INFRASTRUCTURE CHARGE PAYABLE = $944,583.00
Planning Regulation at
*Current at: *2024-2025 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
DUE DATE FOR PAYMENT
TYPE
When the change happens
Material Change of Use (i.e. on development completion when the final inspection certificate or
certificate of occupancy is given &/or prior to commencement of any use)
*CONTACT COUNCIL 5 days PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE
Email: [email protected]
Further information on Infrastructure Charges is available on Council’s website:
https://www.noosa.qld.gov.au/homepage/165/infrastructure-charges
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 1
[OCR of page images]
x< NOOSA
@*®& Council
INFRASTRUCTURE CHARGES NOTICE
To: | Noosa Springs Real Estate Pty Ltd Infrastructure Charges Notice No: N2099
C/- Adamson Town Planning Pty Ltd Revision. 0
PO Box 894
COOROY QLD 4563 Date of Issue: 22 May 2025
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:
Development Approval Reference: MCU21/0110
Land / Property Address: 61 Noosa Springs Dr NOOSA HEADS QLD 4567
Real Property Description: Lot 4 SP 178340
INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
e Noosa Shire Council Charges Resolution (No.7) 2022 (effective 19 August 2022)
*NET INFRASTRUCTURE CHARGE PAYABLE = $944,583.00
Planning Regulation at
* .
Current at: | «994.9025 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 change happens
Material Change of Use (i.e. on development completion when the final inspection certificate or
certificate of occupancy is given &/or prior to commencement of any use)
*CONTACT COUNCIL 5 days PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE
Email: [email protected]
Further information on Infrastructure Charges is available on Council’s website:
https://www.noosa.qld.gov.au/homepage/165/infrastructure-charges
ABN 97.969.214.121 PO Box 141
noosa.qlid.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 1
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Page 2
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 12.3 of Council’s Resolution.
TERMS OF REFUND REFUND AMOUNT
Not Applicable $0.00
STAGED PAYMENTS:
Partial “staged” payments may be made at any time prior to the due date at the applicant/owner’s discretion
without penalty (noting standard indexation of the charge balance applies until full payment has been made
by the due date).
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:
The infrastructure charge has been calculated & based only on the additional development to that lawfully existing
on the property as detailed & scaled from the approved plans. The additional impervious area has been
apportioned to the Non-Residential component of the development only as a percentage of the Non-Residential
against the total new development gfa.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 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 12.3 of Council’s Resolution.
TERMS OF REFUND REFUND AMOUNT
Not Applicable $0.00
STAGED PAYMENTS:
Partial “staged” payments may be made at any time prior to the due date at the applicant/owner’s discretion
without penalty (noting standard indexation of the charge balance applies until full payment has been made
by the due date).
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:
Mail Cheque or money order to be made payable to: Noosa Council
PO Box 141, Tewantin, QLD 4565
Noosa Council, 9 Pelican Street, Tewantin
infeersor) 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:
The infrastructure charge has been calculated & based only on the additional development to that lawfully existing
on the property as detailed & scaled from the approved plans. The additional impervious area has been
apportioned to the Non-Residential component of the development only as a percentage of the Non-Residential
against the total new development gfa.
ABN 97.969.214.121 PO Box 141
noosa.qlid.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 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.8) 2024 (Effective 15 August 2024)
Planning Regulation 2017 &
The Noosa Plan 2020
Current at: 1 July 2024 for the 2024-2025 Financial Year
Column 1b Column 2 Column 3 MCU21/0110
COUNCIL COUNCIL
Planning Regulation 2017 COUNCIL CHARGE CALCULATION
APPORTIONMENT CHARGE
Schedule 16 Prescribed amount NET
Use
(As inserted by the “Planning Legislation (Fees and Other (per Charges breakup agreement APPROVED EXISTING CHARGE
CHARGEABLE
Amounts) Amendment Regulation 2021”) of Prescribed amount) QTY QTY AMOUNT $
QTY
Accommodation (short-term)
1 Tourist park for each cabin or suite
$17,226.20 60% $10,335.72 0 $0.00
2 Hotel with 3 or more bedrooms
3 Short-term accommodation for each cabin or suite
$12,304.45 60% $7,382.67 9 9 $66,444.03
4 Resort complex with 2 or less bedrooms
Other Uses
8 Non-resident workforce accommodation for each bedroom that is not part of a suite $12,304.45 60% $7,382.67 60 60 $442,960.20
Entertainment
1 Hotel
2 Nightclub entertainment facility
3 Theatre for each square metre of gross floor area, other than
$246.05 85% $209.14 1983 1983 $414,724.62
4 Resort complex areas for providing accommodation
Other uses
11 Tourist attraction
Sub-Total, Residential = $509,404.23
Sub-Total, Non-Residential = $414,724.62
STORMWATER (for Non-Residential Development only)
ALL Non-Residential Uses
for each square metre impervious to stormwater $12.30 100% $12.30 1663 1663 $20,454.90
(Except for Rural & Minor Uses)
Calculation at
Planning Regulation
2024-2025
Financial Year
CALCULATED INFRASTRUCTURE CHARGE = $944,583.00
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 = $944,583.00
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 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.8) 2024 (Effective 15 August 2024)
Planning Regulation 2017 &
The Noosa Plan 2020 Current at: 1 July 2024 for the 2024-2025 Financial Year
Column 1b Column 2 Column 3 MCU21/0110
COUNCIL COUNCIL
Planning Regulation 2017 APPORTIONMENT | CHARGE COUNCIL CHARGE CALCULATION
u Schedule 16 Prescribed amount NET
se
(As inserted by the “Planning Legislation (Fees and Other | (per Charges breakup agreement | APPROVED | EXISTING CHARGEABLE CHARGE
Amounts) Amendment Regulation 2021”) of Prescribed amount) Qty Qty ary AMOUNT $
Accommodation (short-term)
1 Tourist park for each cabin or suite $17,226.20} 60% $10,335.72 0 $0.00
2 Hotel |with 3 or more bedrooms
3 Short-term accommodation for each cabin or suite $12,304.45 60% $7,382.67 9 9 $66,444.03
4 Resort complex ]with 2 or less bedrooms " 6 382. 5444.
Other Uses
8 Non-resident workforce accommodation for each bedroom that is not part of a suite $12,304.45 60% $7,382.67 60 60 $442,960.20
Entertainment
1 Hotel
2. Nightclub entertainment facility
3 Theatre for each square metre of gross floor area, other than
$246.05 85% $209.14) 1983 1983 $414,724.62
4 Resort complex areas for providing accommodation
Other uses
11 Tourist attraction
Sub-Total, Residential = $509,404.23
Sub-Total, Non-Residential = $414,724.62
STORMWATER (for Non-Residential Development only)
ALL Non-Residential Uses for each square metre impervious to stormwater $12.30] 100% $12.30 1663 1663 $20,454.90
(Except for Rural & Minor Uses)
Calculation at
Planning Regulation
2024-2025
Financial Year
CALCULATED INFRASTRUCTURE CHARGE = $944,583.00
Transport and/or Stormwater network service reductions due to
Location $0.00
development location
Rebate Counc Policy “Infrastructure Charges Rebates For Community $0.00
REDUCTIONS “ee
Trunk Infrastructure Offset $0.00
Other $0.00
*NET INFRASTRUCTURE CHARGE PAYABLE = $944,583.00}
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
07 5329 6500 ICN - Page 3
Page 4
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:
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 4
[OCR of page images]
x< NOOSA
Council
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:
ABN 97.969.214.121 PO Box 141
noosa.qlid.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 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.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.
ABN 97.969.214.121 PO Box 141
noosa.qlid.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 5
Page 6
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500 ICN - Page 6
[OCR of page images]
Xd
> NOOSA
Council
Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution
Part 1 Appeal rights
223 Appeals to tribunal or P&E Court
(1) Schedule 1 of the Planning Act 2016 states
{a} Matters that may be appealed to —
(ether a triounaé or the PSE Court: or
(1) only 2 tribunal; or
(Wl) only the P&E Court: and
(b) The person-
() who may appeat a mater (the appellant): and
(1) who is 3 respondent in an appeal of the matter, and
(ll) who ts 2 co-respondent In an appeal of the matter. and
(0) who may elect to be a co-respondent in an appeal of the
matter.
(2) An appellant may start an appeal within the appeat period.
(3) The appeal penod is -
(3) for an appeal by a buliding advisory agency — 10 business
Gays afer a decision notice for the decision Is gven to the
agency; or
(b) foran appeat against a deemed refusal — at any time after the
deemed refusal happens; or
{c} for an appeal against a decision of the Minister, under chapter
7, part 4, 10 register premises or to renew the registration of
premises — 20 business days after a notice us published under
Section 269(3\a) or (4): or
(0) for an appeal against an infrastructure charges notice — 20
bushess Gays after the infrastucture charges notice Is given
to the person: or
(@) for an appeal about a deemed approval of a development
application for which 3 decision notice has not been given —
30 business days after the applicant gives Me deemed
approval notice t0 the assessment manager. or
(f) for any other appea’ — 20 business days after a notice of the
decision for the matter, Including an enforcement notice, Is
given to the person.
Note -
‘See the P&E Court Act for me court's power to extend the appeat
period.
(4) Each respondent and co-respondent for an appeal may be heard
in the appeat.
(5) an appeal is only about a referrst agency's response, the
assecement manager may apply to the tribunal or P&E Court to
withdraw from the appeal.
(6) To remove any doubt. It is deciared that an appeal against an
Infrastructure changes notice must not be adout-
(a) the adopted charge Itselt or
{D} for a decision about an offset or refund-
(the establishment cost of trunk infrastructure ktenttied in
aLlGP; or
() the cost of infrastructure decided using the metnod
Included In the local government's charges resolution.
230 Notice of appsal
(1) An aopesant starts an appeal by lodging. with the registrar of the
tnbunal or P&E Court, a noice of appeal that-
(a) 1S 1 the approved form; ang
(b) succinctly states he grounds of the appea.
(2) The notice of appeal must be accompanied by the required fee.
(3) The appeliant or. for an appeal to a ibuna, the registrar must,
within the service period, give a copy of the notice of appeal to —
(a) the respondent for the appeat; and
(b) each co-respondent for the appeal; and
(c) for an appeal about a development anpiication under schedule
1, table 1, tem 1 — each principal submitter for the
development appiicaton; and
(8) for and appeal aoout 3 change application under schedule 1,
table 1, Item 2 — each principal submimer for the change
application; and
(2) 20h person who may elect to become a co-respondent for the
appeal, other than an eligible supmitter who is nat a principal
submitter in an appeal under paragrapn (c) or (¢): and
(f) tor an appeat to the P&E Court — the chief executive: and
(@) for an appeal to a triounal uncer another Act - any other
person who the registrar considers appropriate.
(4) The service paniod is -
(a) (a suomiter or advice started the appeal In the P&E
Court — 2 business days after the appeal has started; or
(bd) otherwise — 10 business days after the appeal Is stared.
(5) A notice of appea given to 3 person who may elect fo be 2 co
respondent must stale the effect of suDsection (6).
(8) A person elects to be a by fling a notice of election,
In the approved form, within 1D business days after the notice of
appeat is given to the person.
231 Other appeais
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
the Supreme Court decides a decision or other matier under this
Act Is affected by jurisdictional error, the decision or matter is non-
appewanie
(2) The Judicial Review Act 1901, part 5 appiles to the decision or
matter to the extent it is aTected by jurisdiczonal error.
(3) A person who, but for subsection (1) could nave made an
application under the Judicial Review Act 1991 in retation to the
Gecision or matter, apply under part 4 of that Act for a
statement of reasons in relation to Me decision or matter.
(4) inthis secton —
decision inciudes-
(a) conduct engaged In tor the purpose of making a decision; and
(b) other conduct tat relates to the making of a decision; and
(c) the making of a decision or fallure to make a decision; and
(0) a purported decision: and
(2) 3 deemed refusal
non-appeaiable, for 3 decision or matier, means the decision or
matter-
(3) 1S nat and conciusive; anc
(D) may not be challenged, appealed against reviewed, quashed,
sat aside of calied into question In any other way under the
Judicial Review Act 1907 or otherwise, whether Dy the
‘Supreme Court, another court, a tripunal or anoter entity, and
(c) ie rot eulieck ey cietmakcs, ingunetve or omer order of
the Supreme Court, another court, a triounat or another ensty
on any ground.
232 Rules of the PSE Court
(1) Aperson wno is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(2) However, the P&E Court may near and decide an appeal even it
the person has not compiled with the rules of the P&E Court
ABN 97.969.214.121
noosa.qld.gov.au
[email protected]
PO Box 141
Tewantin QLD 4565
07 5329 6500
ICN - Page 6