SARA referral Response

Noosa Council documents

Document Sef 1D: 20102616
Version: 1, Version Date: 22/07/2016

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 of fset 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—

 

> > J y PO Box 141 P. (07) 5329 6500 [email protected]
NOOSA COUNCIL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 5

Print Date: 25 July 2016, 3:34 PM