MCU15/0069 - Infrastructure Charge Notice

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| @ | Phone (07) $3208500" Fax (07) 53206501
mt H NOOSA COUNCIL Ema [email protected] Websie www.noosa.qid.gov.au

INFRASTRUCTURE CHARGES NOTICE

 

To: Sunshine Beach Constructions ATF The Tahiti Infrastructure Charges Notice No: N1091
Discretionary Trust Revision No: 0
C/- KHA Development Managers
PO Box 6380 Date of Issue: 21 September 2015

 

 

 

MAROOCHYDORE BC QLD 4558

Notice is hereby given under the Sustainable Planning Act 2009 and the Local Government Act 2009
that the infrastructure charge notice is levied by the Noosa Shire Council on the described land.

DEVELOPMENT TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
Development Approval Reference: | MCU15/0069

 

 

Type of Development Approval: Material Change of Use

 

LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
Land Description: Lot 387 RP 48112
Address: 39 Duke St SUNSHINE BEACH QLD 4567

 

 

 

 

 

 

INFRASTRUCTURE CHARGE LEVIED BY COUNCIL:
In accordance with Noosa Shire Council Charges Resolution (No.2) 2014 (effective 16 February 2015)

 

 

 

 

 

 

 

CALCULATED INFRASTRUCTURE CHARGE (Current at Base Date 1 July 2014) = $16,800.00)

Other Not Applicable $0.00}

REDUCTIONS Rebate Not Applicable $0.00)
Trunk infrastructure Offset |Not Applicable $0.00)

*NET INFRASTRUCTURE CHARGE PAYABLE (Current at Base Date 1 July 2014) = $16,800.00)

 

 

 

 

* SUBJECT TO AUTOMATIC INCREASE PROVISION:

The net infrastructure charge amount payable is subject to automatic indexation from the base date to the time of
making payment. Indexation is applied using variations in the Consumer Price Index at the times applicable limited
to the “maximum amount” possible to be issued under the State Planning Regulatory Provision (adopted charges)
as amended by the Minister and in accordance with the legislation at the time of issue and payment.

CONTACT COUNCIL PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE.

The Calculated Infrastructure Charge details are provided on page 3 of this notice.
(NOTE: Separate Infrastructure Charges may be issued by Unitywater as applicable)

DATE FOR PAYMENT OF THE INFRASTRUCTURE CHARGE
Under the Sustainable Planning Act 2009, the Infrastructure Charge is to be paid to NOOSA COUNCIL
as follows:

 

 

 

 

 

 

 

DEVELOPMENT PERMIT TYPE DUE DATE FOR PAYMENT
Material Change of Use When the change happens
NOOSA COUNCIL PO Box 141 P. (07) 5329 6500 [email protected]

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:

Under the Sustainable Planning Act 2009 an infrastructure charge levied 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:

a. an adopted infrastructure charge may be recovered by court action for a debt;

b. an adopted 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;

a 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 at the rate of 11% per annum calculated daily is payable on all infrastructure
charges outstanding after the due date shown on this 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 Tewantin office: 8.30 am to 4.30 pm Monday to Friday

person (excludes public holidays)

 

Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.55% 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: Lanster available by special arrangement. Contact Infrastructure Enquiries.

 

 

 

 

 

Q y y 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 2

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| @ | Phone (07) 83201 soon a — (07) 5329 6501
m4 > | NOOSA COUNCIL Five maanoees Od Sova Website: www.noosa.qid.gov.au
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.

Noosa Council decided to apply infrastructure charges on development under its adoption of 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 resolutions also detail the apportionment (break-up) agreement with
Unitywater,

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 comply with
the requirements of the SPA amendments dated 4 July 2014 and amended (break-up) agreement with
Unitywater. The resolution takes effect and applies to new approvals issued from Monday 16 February 2015.

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:

(1) Reconfiguration of a lot; or
(2) Material Change of Use of Premises; or
(3) Building Works issued by a Private Certifier.

 

q =~ ~ PO Box 141 P. (07) 5329 6500 [email protected]
NOOSA © OUNCIL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 4

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Under the SPA, 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.

 

3.2 DUE DATE FOR PAYMENT OF INFRASTRUCTUE CHARGES (SPA SECTION 638)

 

 

 

(1) A levied charge becomes payable—

(a) if the charge applies for reconfiguring a lot—when the local government that levied the charge
approves the plan of subdivision for the reconfiguration; or

(b) if the charge applies for building work—when the certificate of classification or final inspection
certificate for the building work is given; or

(c) if the charge applies for a material change of use—when the change happens; or

(d) if the charge applies for other development—on the day stated in the infrastructure charges notice
under which the charge was levied.

(2) This section is subject to section 639,

 

3.3 EFFECT OF CHARGES NOTICE (INFRASTRUCTURE CHARGES TAKEN TO BE A RATE)

 

 

 

An infrastructure charge levied 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:

(1) an infrastructure charge may be recovered by court action for a debt:

(2) 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;

(3) INTEREST IS PAYABLE on overdue payments; and
(4) if charges are unpaid for 3 years, THE LAND CAN BE SOLD to recover the outstanding charges.

 

3.4 INTEREST ON OVERDUE INFRASTRUCTURE CHARGES

 

Compound interest at the rate of 11% per annum calculated daily is payable on all overdue infrastructure
charges outstanding after the due date for payment as applying to the infrastructure charges notice.

 

3.5 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.

4. APPEALS ABOUT INFRASTRUCTURE CHARGES NOTICE

Prior to making an appeal about an infrastructure charge notice, the recipient must first make
representations to the infrastructure charges notice in accordance with SPA sections 640 to 644.

 

 

4.1 APPEALS ABOUT INFRASTRUCTURE CHARGES NOTICE (SPA SECTION 478)

 

 

(1) The recipient of an infrastructure charges notice may appeal to the court about the decision to give the
notice.
(2) However, the appeal may be made only on 1 or more of the following grounds—
(a) the charge in the notice is so unreasonable that no reasonable relevant local government could have
imposed it;
(b) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an offset or refund;
(c) there was no decision about an offset or refund;
(d) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
(3) To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or

(b) for a decision about an offset or refund—

 

2 eo ey PO Box 141 P. (07) 5329 6500 [email protected]
NOOSA c OUNC IL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 5

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(i) the establishment cost of infrastructure identified in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the local government's charges
resolution.
(4) The appeal must be started within 20 business days after the day the recipient is given the relevant
infrastructure charges notice.

4.1. HOW APPEALS TO THE COURT ARE STARTED (SPA SECTION 481)

 

 

 

 

(1) An appeal is started by lodging written notice of appeal with the registrar of the court.

(2) The notice of appeal must state the grounds of the appeal.

(3) The person starting the appeal must also comply with the rules of the court applying to the appeal.

(4) However, the court may hear and decide an appeal even if the person has not complied with subsection
(3).

4.2 APPEALS ABOUT INFRASTRUCTURE CHARGES DECISIONS (SPA SEcTION 535)

(1) The recipient of an infrastructure charges notice may appeal to a building and development committee
about the decision to give the notice.

 

 

 

 

(2) However, the appeal may be made only on 1 or more of the following grounds—
(a) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an of fset or refund:
(b) there was no decision about an offset or refund;
(c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
(3) To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the local government's charges
resolution.
(4) The appeal must be started within 20 business days after the day the recipient is given the
relevant infrastructure charges notice.
4.3. HOW APPEALS TO COMMITTEES ARE STARTED (SPA SEcTION 537)
(1) A person starts an appeal by lodging written notice of appeal, in the approved form, with the registrar
of building development committees.

(2) The notice of appeal must state the grounds of the appeal and be accompanied by the fee prescribed
under a regulation.

5. INFRASTRUCTURE CHARGES ENQUIRIES

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]

 

c > ~ 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 6