MCU 160143 Decision Notice

Noosa Council documents


                                                                   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 INFORMATION 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.
          For development approved prior to 1 July 2011, infrastructure contributions and (ICP) charges continue to
          apply in accordance with the development approval conditions and or infrastructure charge notices (ICP) issued
          under legislation current at the time those approvals & charge notices were issued.
          For development approved from 1 July 2011, adopted infrastructure charges are governed by local
          government adopted infrastructure charges resolutions in accordance with the "Sustainable Planning Act 2009
          (SPA)" and “State Planning Regulatory Provision (adopted charges) (SPRP)”.
          The Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014 introduced
          further amendments to SPA that commenced to apply for developments approved from 4 July 2014.
          From 1 July 2014, Infrastructure Charges Notices are issued separately by both Council and Unitywater
          relating to their specified “Trunk” infrastructure networks. All payments (including contributions & charges
          previously issued) are also payable separately to Council and Unitywater respectfully.

          2.      THE DECISION AND REASONS FOR IT

          The Sustainable Planning Act 2009 (as amended), provides for the following:
          (1) Authorises local governments to do the following for development approvals:
                (a) for trunk infrastructure, either or both of the following—
                    (i) adopt, by resolution, charges for development infrastructure and levy charges in accordance with
                         the resolution;
                    (ii) impose particular conditions about development infrastructure;
                (b) for non-trunk infrastructure, impose particular conditions about development infrastructure; and
          (2) Provides for a State planning regulatory provision to govern local government adopted charges and charges
              by distributor-retailers under the SEQ Water Act for trunk infrastructure.
          On 6 February 2014, Noosa Council adopted the "Noosa Shire Council Adopted Infrastructure Charges
          Resolution (No.1) 2014" to replace the "Sunshine Coast Regional Council Adopted Infrastructure Charges
          Resolution (No.4) 2011" that translated across to Noosa Council on 1 January 2014. The resolution has effect
          on development approvals and charge notices issued from 6th February 2014 to 15 February 2015 in
          accordance with the legislation current at the time of issue.
          On 12 February 2015, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014" to
          replace the "Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014" to include legislative
          amendments that commenced on 4 June 2014. The resolution has effect on development approvals and charge
          notices issued from 16th February 2015 to 27 October 2016 in accordance with the legislation current at
          the time of issue.
          On 20 October 2016, Noosa Council adopted the "Noosa Shire Council Charges Resolution (No.2) 2014
          (Amendment 1)" to reflect adopted amendments made to the planning scheme. The resolution has effect on
          development approvals and charge notices issued from 28th October 2016 in accordance with the legislation
          current at the time of issue.

          3.      INFRASTRUCTURE CHARGE NOTICES

          3.1     TRIGGERS FOR INFRASTRUCTUE CHARGES & ISSUING OF NOTICES
          The triggers for issuing infrastructure charges are defined in the SPA and SPRP and are generally triggered
          by the issue of a development permit for either:


                                         PO Box 141              P. (07) 5329 6500    [email protected]
                                         TEWANTIN QLD 4565       F. (07) 5329 6501    www.noosa.qld.gov.au         ICN - Page 4
Document Set ID: 20341594
Version: 1, Version Date: 20/06/2017                                                                   Print Date: 20 June 2017, 11:32 AM