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MCU19-0124 ICN.N1525 15 Jarrah St COOROY

of 7
                                                       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 NOTICE

To:       Secu Pty Ltd                                      Infrastructure Charges Notice No: N1525
          C/- Pivotal Perspective Pty Ltd                                       Revision:   0
          4/59 Mary Street
          NOOSAVILLE QLD 4566                                            Date of Issue: 25 February 2020

          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:             MCU19/0124
  Land / Property Address:                    15 Jarrah St COOROY QLD 4563
  Real Property Description:                  Lot 10 RP 883226

INFRASTRUCTURE CHARGE LEVIED BY COUNCIL ISSUED UNDER:
      •   Noosa Shire Council Charges Resolution (No.4) 2019 (effective 23 September 2019)


      *NET INFRASTRUCTURE CHARGE PAYABLE =                                           $34,261.00
                                                                               Planning Regulation at
                                                       *Current at:           2019-2020 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 TYPE                                 DUE DATE FOR PAYMENT
                                       When the change happens
  Material Change of Use
                                       (i.e. on completion of development &/or commencement of use)

 *CONTACT COUNCIL 5 days PRIOR TO MAKING PAYMENT FOR THE CURRENT AMOUNT DUE.
Further information on Infrastructure Charges is available on Council’s website:
https://www.noosa.qld.gov.au/homepage/165/infrastructure-charges



                               PO Box 141            P. (07) 5329 6500    [email protected]
                               TEWANTIN QLD 4565     F. (07) 5329 6501    www.noosa.qld.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:
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:
Nil




                              PO Box 141               P. (07) 5329 6500   [email protected]
                              TEWANTIN QLD 4565        F. (07) 5329 6501   www.noosa.qld.gov.au        ICN - Page 2

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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.4) 2019 (Effective 23 September 2019)
                                                                                                                                                                                                                       1/07/2019
                                                                                                                                                                                                                     Calculation at
                                                                                                                                                                                                 IC Resolution
INFRASTRUCTURE CHARGE CALCULATION                                                                                                                                 MCU19/0124                                      Planning Regulation
                                                                                                                                                                                                  Base Date =
                                                                                                                                                                                                                       2019-2020
                                                                                                                                                                                                                     Financial Year
                                                                                                                             Colum n 6
                     Colum n 1
              Use under The Noosa Plan
                                                                                                                              COUNCIL                                Council Charge Calculation
                                                                                                                              CHARGE
                                                                  Colum n 2                     Colum n 3
                                                                                                                            Per Table 10.1                                  EXISTING                  NET
                                                              Developm ent class             Unit of m easure                                         APPROVED                                                    CHARGE AMOUNT
                                                                                                                    (Charges breakup) of Adopted
                      Defined use                                                                                                                                              (QTY)            CHARGEABLE
                                                                                                                         Charge in Column 4              (QTY)                                                             $
                                                                                                                       ($ per unit of measure)                                (Credit)               (QTY)
Industrial business
• Type 1 Warehouse                                                   Industry                     m2 GFA                      $33.53                       2000                  950                  1,050                    $35,206.50
• Type 2 Production, alteration, repackaging and repairing

                                                                                                                                                                   Sub-Total, Non-Residential =                            $35,206.50

                    STORMWATER                                                                                                                             2165                  2255
                                                             ALL Non-Residential Uses        m2 impervious area               $10.50                                                                   -90                     -$945.00
        (Non-Residential Development only)


                                                                                                                                                                                                                     Calculation at
                                                                                                                                                                                                                  Planning Regulation
                                                                                                                                                                                                                       2019-2020
                                                                                                                                                                                                                     Financial Year


                                                                                                                                       CALCULATED INFRASTRUCTURE CHARGE =                                               $34,261.00

                                                                                                                  Other                                                                                                            $0.00
                                                                                                                                                   Council Policy “Infrastructure Charges Rebates For Community
                                                                                             REDUCTIONS           Rebate                                                                                                           $0.00
                                                                                                                                                   Organisations”

                                                                                                                  Trunk Infrastructure Offset                                                                                      $0.00


                                                                                                                                    *NET INFRASTRUCTURE CHARGE PAYABLE =                                                $34,261.00




                                                                                        PO Box 141                P. (07) 5329 6500         [email protected]
                                                                                        TEWANTIN QLD 4565         F. (07) 5329 6501         www.noosa.qld.gov.au                  ICN - Page 3

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                                                             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


     DECISION NOTICE ABOUT THE DECISION TO GIVE
         AN 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.
Further information on Infrastructure Charges is provided for viewing on Council’s website:
https://www.noosa.qld.gov.au/homepage/165/infrastructure-charges

2.        THE DECISION AND REASONS FOR IT

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;
     (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.
Infrastructure Charges are issued in accordance with the current "Noosa Shire Council Charges Resolution
(No.4) 2019" that took effect on development approvals and charge notices issued from 23th September
2019 in accordance with the planning legislation current at the time of 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:
     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.




                                  PO Box 141              P. (07) 5329 6500     [email protected]
                                  TEWANTIN QLD 4565       F. (07) 5329 6501     www.noosa.qld.gov.au         ICN - Page 4

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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.


3.     INFRASTRUCTURE CHARGE NOTICES

3.1    TRIGGERS FOR INFRASTRUCTURE 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 INFRASTRUCTURE 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 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.



                                PO Box 141              P. (07) 5329 6500   [email protected]
                                TEWANTIN QLD 4565       F. (07) 5329 6501   www.noosa.qld.gov.au    ICN - Page 5

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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.


3.6 USE OF INFRASTRUCTURE CHARGES COLLECTED
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


4.     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]


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.
 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.




                              PO Box 141              P. (07) 5329 6500   [email protected]
                              TEWANTIN QLD 4565       F. (07) 5329 6501   www.noosa.qld.gov.au    ICN - Page 6

Page 7

PO Box 141          P. (07) 5329 6500   [email protected]
TEWANTIN QLD 4565   F. (07) 5329 6501   www.noosa.qld.gov.au    ICN - Page 7

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