17.09.26 Noosa Council DEC NOTICE -

Noosa Council documents



          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 to the local government in accordance with the
          planning legislation.


          4.1     APPEALS ABOUT INFRASTRUCTURE CHARGES NOTICE
          An appeal may be made either to a tribunal or the P&E Court against an infrastructure charges notice on 1 or
          more of the following grounds—
          (a) the notice involved an error relating to—
                (i) the application of the relevant adopted charge (such as incorrect application of ‘gross floor area’ or
                ‘use category’ to the development); or
                (ii) the working out of extra demand; or
                (iii) an offset or refund; or
          (b) there was no decision about an offset or refund (if applicable); or
          (c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund; or
          (d) for an appeal to the P&E Court—the amount of the charge is so unreasonable that no reasonable relevant
               local government could have imposed the amount.
          The appeal must be started within 20 business days after the infrastructure charges notice is given.


          4.1       4.2 HOW APPEALS TO THE COURT ARE STARTED
          (1) An appellant starts an appeal by lodging, with the registrar of the tribunal 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.
          (3) The appellant or, for an appeal to a tribunal, the registrar, must, within the service period, give a copy of
               the notice of appeal to— the respondent for the appeal, each co-respondent for the appeal, each person
               who may elect to become a co-respondent for the appeal; and
                (a) for an appeal to the P&E Court—the chief executive; and
                (b) for an appeal to a tribunal under another Act—any other person who the registrar considers
                appropriate.
          (4) The service period is—
                (a) if a submitter or advice agency started the appeal in the P&E Court—2 business days after the appeal
                is started; or
                (b) otherwise—10 business days after the appeal is started.
          Further details are provided in the planning legislation.


          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]

                                           PO Box 141              P. (07) 5329 6500   [email protected]
                                           TEWANTIN QLD 4565       F. (07) 5329 6501   www.noosa.qld.gov.au        ICN - Page 6
Document Set ID: 20427051
Version: 1, Version Date: 26/09/2017                                                               Print Date: 26 September 2017, 3:05 PM