17.09.26 Noosa Council DEC NOTICE -

Noosa Council documents



          3.      INFRASTRUCTURE CHARGE NOTICES

          3.1     TRIGGERS FOR INFRASTRUCTUE CHARGES & ISSUING OF NOTICES
          The triggers for issuing infrastructure charges are defined in the planning legislation 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; or
          (4) Other development.
          Under the planning legislation, 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
          (1) A levied charge becomes payable—
                (a) if the charge applies for reconfiguring a lot— when the local government that levied the charge
                    approves a plan for the reconfiguration that, under the Land Title Act, is required to be given to the
                    local government for approval; or
                (b) if the charge applies for building work—when the certificate of classification or final inspection
                    certificate for the building work is given under the Building Act; 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 is levied.
          (2) The recipient of an infrastructure charges notice and the local government may also agree to other
              arrangements for payment.


          3.3     LEVIED CHARGE TAKEN TO BE A RATES
          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:
          (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.




                                          PO Box 141              P. (07) 5329 6500   [email protected]
                                          TEWANTIN QLD 4565       F. (07) 5329 6501   www.noosa.qld.gov.au        ICN - Page 5
Document Set ID: 20427051
Version: 1, Version Date: 26/09/2017                                                              Print Date: 26 September 2017, 3:05 PM