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                                             ATTACHMENT 1
                                   P&O Agenda, 3 Feb 15, Item 1




Noosa Shire Council
Charges Resolution (No. 2) 2014



Effective Date: 16 February 2015
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Section 2

                                                        2
                                               Noosa Shire Council
                                          Charges Resolution (No. 2) 2014



Noosa Shire Council
Charges Resolution (No. 2) 2014

Contents

                                                                                                                         Page
Part 1   Introduction ........................................................................................................ 4
1.       Preliminary ......................................................................................................... 4
         1.1    Short title                                                                                                    4
         1.2    Sustainable Planning Act 2009                                                                                  4
         1.3    Effect                                                                                                         4
         1.4    Purpose of the resolution                                                                                      4
         1.5    Interpretation                                                                                                 4
2.       Application of the adopted infrastructure charge ................................................ 7
         2.1    Purpose                                                                                                        7
         2.2    Effect of the infrastructure State planning regulatory provision in the local
                government area                                                                                                7
         2.3    Application of the resolution to the local government area                                                     8
         2.4    Application to particular development                                                                          8
         2.5    Categorisation of uses to development classes                                                                  8
3.       Assumptions about future development ............................................................. 8
         3.1    Purpose                                                                                                        8
         3.2    Development inconsistent with assumptions about future development                                             8
4.       Priority infrastructure area ................................................................................. 9
         4.1    Purpose                                                                                                        9
         4.2    Priority infrastructure area                                                                                   9

Part 2   Trunk infrastructure networks .......................................................................... 10
5.       Trunk infrastructure plans ................................................................................ 10
         5.1    Purpose                                                                                                      10
         5.2    Schedule of works for trunk infrastructure                                                                   10
         5.3    Trunk infrastructure network systems and items                                                               10
         5.4    Trunk infrastructure plans                                                                                   10
6.       Desired standard of service .............................................................................. 10
         6.1    Purpose                                                                                                      10
         6.2    Desired standards of service for trunk infrastructure                                                        10
7.       Establishment cost for trunk infrastructure networks ....................................... 10
         7.1    Purpose                                                                                                      10
         7.2    Establishment cost for a trunk infrastructure network                                                        10




                                  Council Resolution effective 16 February 2015

Section 3

                                                       3
                                              Noosa Shire Council
                                         Charges Resolution (No. 2) 2014



Part 3   Levied charge ................................................................................................... 11
8.       Levied infrastructure charge............................................................................. 11
         8.1    Purpose                                                                                                   11
         8.2    Calculation of levied charge                                                                              11
         8.3    Adopted charge rate                                                                                       12
         8.4    Credit                                                                                                    13
         8.5    Additional credit for past contribution or charge                                                         14
9.       Administration of levied charge ........................................................................ 14
         9.1    Purpose                                                                                                   14
         9.2    Subsidy for a levied charge                                                                               14
         9.3    Time of payment of a levied charge                                                                        14
         9.4    Alternatives to paying a levied charge                                                                    15
         9.5    Automatic increase provision of levied charge                                                             15
10.      Allocation of adopted infrastructure charge (breakup agreement) .................... 15
         10.1 Purpose                                                                                                     15
         10.2 Allocation of adopted infrastructure charge to the Council and the distributor-
              retailer (breakup agreement)                                                                                15
         10.3 Allocation of levied charge to trunk infrastructure networks                                                17
         10.4 Schedule of Adopted Infrastructure Charges (breakup agreement)                                              18
Part 4   Offset and refund for Council trunk infrastructure ............................................ 24
11.      Infrastructure offset .......................................................................................... 24
         11.1 Purpose                                                                                                     24
         11.2 Application of section                                                                                      24
         11.3 Establishment cost for an infrastructure offset                                                             24
         11.4 Recalculation of establishment cost for an infrastructure offset                                            24
12.      Refund of an unused infrastructure offset ........................................................ 26
         12.1 Purpose                                                                                                     26
         12.2 Application of section                                                                                      27
         12.3 Payment of a refund                                                                                         27
13.      Conversion Applications .................................................................................. 27
         13.1 Purpose                                                                                                     27
         13.2 Application of section                                                                                      27
         13.3 Conversion application process                                                                              28
         13.4 Notice of decision                                                                                          28
         13.5 Effect of conversion application decision                                                                   28
         13.6 Criteria for deciding a conversion application                                                              28




                                 Council Resolution effective 16 February 2015

Section 4

                                                       4
                                              Noosa Shire Council
                                         Charges Resolution (No. 2) 2014




       Part 1                      Introduction

  1.          Preliminary
1.1     Short title

        The charges resolution may be cited as Noosa Shire Council Charges Resolution (No. 2)
        2014.

1.2     Sustainable Planning Act 2009

        (1)       The resolution is made pursuant to section 630 of the Sustainable Planning Act
                  2009.

        (2)       The resolution is to be read in conjunction with the following:

                  (a)      the State planning regulatory provision (adopted charges);

                  (b)      the applicable local planning instrument.

        (3)       The resolution is attached to but does not form part of the applicable local
                  planning instrument.

1.3     Effect

        The resolution has effect from 16 February 2015

1.4     Purpose of the resolution

        The purpose of the resolution is to assist with the implementation of the applicable local
        planning instrument by stating the following:

                  (a)      an adopted infrastructure charge for determining the levied charge for
                           funding part of the establishment cost of the following trunk infrastructure
                           networks:

                           (i)          transport network;

                           (ii)         public parks and land for community facilities network;

                           (iii)        stormwater network;

                           (iv)         water supply network;

                           (v)          sewerage network;

                  (b)      stating other matters relevant to the adopted infrastructure charge.


1.5     Interpretation

        (1)       In this resolution:




                                   Council Resolution effective 16 February 2015

Section 5

                                 5
                        Noosa Shire Council
                   Charges Resolution (No. 2) 2014



adopted charge rate means the charge to be applied for the purpose of
calculating a levied charge as stated in section 8.3 (Adopted charge rate).

applicable local planning instrument means The Noosa Plan planning
scheme.
base date means the date being:

(a)      1 July 2014 applying to the adopted charge rates.

(b)      The date stated in the LGIP for estimates of the establishment costs for
         the local government’s trunk infrastructure networks;

(c)      The date stated in the Netserve Plan for estimates of the establishment
         costs for the distributor-retailer’s trunk infrastructure networks.

bedroom means an area of a building or structure which:

(a)      is used, designed or intended for use for sleeping (but excludes a lounge
         room, dining room, living room, kitchen, water closet, bathroom, laundry,
         garage or plant room); or

(b)      other habitable rooms that can be used for sleeping such as a den,
         library, study, loft, media or home entertainment room, library, family or
         rumpus room or other similar space. (Non-habitable rooms will not be
         considered in the calculation of infrastructure charges)

breakup agreement means the agreement between the local government and
the distributor-retailer determining the proportion of the maximum adopted
charges to apply to each entity.

charges resolution see SPA section 630(1).

consumer price index means the Consumer Price Index: All Groups Index for
Brisbane available from the Australian Bureau of Statistics.

Council means Noosa Shire Council.

credit means the amount to be applied for the purpose of calculating an adopted
infrastructure charge which takes into account the existing usage of the trunk
infrastructure networks by the premises on or in relation to which development is
carried out as calculated in section 8.4 (Credit).

distributor-retailer means the Northern SEQ Distributor-Retailer Authority
(trading as Unitywater).


             Council Resolution effective 16 February 2015

Section 6

                                 6
                        Noosa Shire Council
                   Charges Resolution (No. 2) 2014



dwelling unit means habitable rooms and other spaces used or intended for use
as one self-contained residential unit, comprising at least bathroom, toilet and
kitchen facilities as well as other living and sleeping space to accommodate one
or more persons.

establishment cost see schedule 3 (Dictionary) of the Sustainable Planning Act
2009.

gross floor area (GFA) means the sum of the floor areas (inclusive of all walls,
columns and balconies, whether roofed or not) of all stories of every building
located on a site, excluding the areas (if any) used for building services, a ground
floor public lobby, a public mall in a shopping centre, and areas associated with
the parking, loading and manoeuvring of motor vehicles.

habitable room (as defined in The Noosa Plan) means any room of a dwelling
unit or accommodation unit other than a bathroom, laundry, toilet, pantry, walk-in
wardrobe, corridor, stair, lobby, photographic darkroom, clothes drying room and
other space of a specialised nature occupied neither frequently nor for extended
periods.

impervious area means the area of the premises that is impervious to rainfall.
This includes all roofed, decked, paved, concreted, bitumen or other type of
sealed areas.

lawful use see schedule 3 (Dictionary) of the Sustainable Planning Act 2009.

levied charge means a charge for trunk infrastructure for which the State
planning regulatory provision applies, calculated under the resolution and in
accordance with the relevant legislation.

Netserv plan means the distributor-retailer’s plan and its service about its water
and wastewater networks as required by the South-East Queensland Water
(Distribution and Retail Restructuring) Act 2009.

Local government infrastructure plan (LGIP) means the local government
infrastructure plan for the specified local government planning scheme as
required by Section 627 & 982 of SPA. A PIP is taken to be a LGIP under Section
976A & 982 of SPA.

Local planning instrument means the: The Noosa Plan planning scheme.



             Council Resolution effective 16 February 2015

Section 7

                                                  7
                                         Noosa Shire Council
                                    Charges Resolution (No. 2) 2014



                 planned date means the date scheduled for the provision of trunk infrastructure
                 stated in the schedule of works for trunk infrastructure referenced in the LGIP.

                 prescribed form means a form prescribed by the Council.

                 priority infrastructure area see section 4.2 (Priority infrastructure area).

                 priority infrastructure plan (PIP) means the priority infrastructure plan dated 16
                 September 2013 and contained in Part 15 of The Noosa Plan, planning scheme
                 as required under the former Section 627 and defined in Schedule 3 of the
                 unamended SPA. A PIP is taken to be an LGIP under Section 976A & 982 of the
                 amended SPA.

                 SPA means the Sustainable Planning Act 2009.

                 State planning regulatory provision means the State planning regulatory
                 provision (adopted charges) 2012 made under SPA.

       (2)       A term defined in the Sustainable Planning Act 2009 which is used in the
                 resolution has the meaning given in the Sustainable Planning Act 2009.

       (3)       If a term is not defined in the resolution or the Sustainable Planning Act 2009 the
                 term is to, subject to section 14A (Interpretation best achieving Act’s purpose) of
                 the Acts Interpretation Act 1954, have the meaning assigned to it by the edition of
                 the Macquarie Dictionary that is current at the commencement date.


  2.         Application of the adopted infrastructure charge
2.1    Purpose

       Section 2 states the following:

                 (a)      that the infrastructure State planning regulatory provision has effect in
                          the local government area;

                 (b)      that the resolution is intended to apply to development in the local
                          government area;

                 (c)      that the resolution applies to particular development;

                 (d)      the categorisation of uses under an applicable local planning instrument
                          to development classes under the infrastructure State planning
                          regulatory provision.

2.2    Effect of the infrastructure State planning regulatory provision in the local
       government area

       The infrastructure State planning regulatory provision applies to all of the local
       government area.


                              Council Resolution effective 16 February 2015

Section 8

                                                 8
                                        Noosa Shire Council
                                   Charges Resolution (No. 2) 2014



2.3    Application of the resolution to the local government area

       The resolution applies to all development in the local government area.


2.4    Application to particular development

       The Council may levy an infrastructure charge on the following development:
                (a)      a reconfiguring a lot;
                (b)      a material change of use of premises;
                (c)      the carrying out of building work.

2.5    Categorisation of uses to development classes

       (1)      A use under an applicable local planning instrument as stated in column 1 of
                Table 10.3 (Schedule of adopted charges) is included within the infrastructure
                State planning regulatory provision development class stated in column 2 of
                Table 10.3 (Schedule of adopted charges).

       (2)      The Council and the distributor-retailer are to allocate a use not otherwise stated
                under subsection (1) to an applicable development class based on an
                assessment of use and demand.


  3.         Assumptions about future development

3.1    Purpose

       Section 3 states the assumptions about the type, scale, location and timing of future
       development for the purpose of the following:

                (a)      code assessment under section 313(2)(f) (Code assessment—generally)
                         of the Sustainable Planning Act 2009;

                (b)      impact assessment under section 314(2)(k) (Impact assessment—
                         generally) of the Sustainable Planning Act 2009.


3.2    Development inconsistent with assumptions about future development

       Development is inconsistent with the assumptions about:

                (a)      the type of development, if the type of development of the premises is
                         not consistent with the type of development for the area in which the
                         premises is located as identified in the applicable local planning
                         instrument and the LGIP; or

                (b)      the scale of the development, if the demand of the development of the
                         premises exceeds the planned demand for the development of premises
                         as referenced in the LGIP; or

                (c)      the location of development, if the development is located outside the
                         priority infrastructure area as referenced in section 4.2 (Priority
                         Infrastructure Area); or

                             Council Resolution effective 16 February 2015

Section 9

                                                  9
                                         Noosa Shire Council
                                    Charges Resolution (No. 2) 2014



                (d)      the timing of development, if the development results in trunk
                         infrastructure being supplied earlier than planned for in the schedule of
                         works for trunk infrastructure in the LGIP.


  4.      Priority infrastructure area
4.1    Purpose

       Section 4 states the priority infrastructure area for the Council.

4.2    Priority infrastructure area

       The priority infrastructure area is identified in the LGIP .




                              Council Resolution effective 16 February 2015

Section 10

                                                 10
                                        Noosa Shire Council
                                   Charges Resolution (No. 2) 2014



Part 2                      Trunk infrastructure networks

  5.      Trunk infrastructure plans
5.1    Purpose

       Section 5 states the trunk infrastructure networks to be funded in part by the levied
       infrastructure charge.

5.2    Schedule of works for trunk infrastructure

       The trunk infrastructure networks comprise the land and works for trunk infrastructure
       detailed in the LGIP and Netserv Plan.

5.3    Trunk infrastructure network systems and items

       The trunk infrastructure networks identified in the schedule of works for trunk
       infrastructure include the systems and items detailed in the LGIP and Netserv Plan.


5.4    Trunk infrastructure plans

       The trunk infrastructure networks identified in the schedule of works for trunk
       infrastructure are conceptually identified in the trunk infrastructure plans detailed in the
       LGIP and Netserv Plan.


  6.      Desired standard of service
6.1    Purpose

       Section 6 states the desired standard of service which is the standard guiding the delivery
       of a trunk infrastructure network.

6.2    Desired standards of service for trunk infrastructure

       The desired standard of service for each infrastructure network is detailed in the LGIP and
       Netserv Plan.


  7.      Establishment cost for trunk infrastructure networks
7.1    Purpose

       Section 7 states the establishment cost for an identified trunk infrastructure network.

7.2    Establishment cost for a trunk infrastructure network

       The establishment cost for the trunk infrastructure networks are detailed in the LGIP and
       Netserv Plan.




                             Council Resolution effective 16 February 2015

Section 11

                                                   11
                                          Noosa Shire Council
                                     Charges Resolution (No. 2) 2014



Part 3                       Levied charge

  8.         Levied infrastructure charge
8.1    Purpose

       Section 8 states the calculation of the infrastructure charge to be levied by the following:

                 (a)      the Council under Chapter 8 Subdivision 3 of the Sustainable Planning
                          Act 2009 for the transport, public parks & land for community purposes
                          and stormwater networks in accordance with the breakup agreement;

                 (b)      the distributor-retailer under the South-East Queensland Water
                          (Distribution and Retail Restructuring) Act 2009 for the sewerage and
                          water supply networks in accordance with the breakup agreement.

8.2    Calculation of levied charge

       Infrastructure charges are calculated and levied separately by the Council and distributer-
       retailer in accordance with the charges breakup agreement and relevant legislation.

       (1)       An infrastructure charge that may be levied for reconfiguring a lot is calculated
                 as follows:

                 LCROL = (ACROL x QROL) - C

                 Where:

                 LCROL    is the infrastructure charge levied for reconfiguring a lot.

                 ACROL    is the adopted charge rate for reconfiguring a lot stated in section 8.3
                          (Adopted charge rate).

                 QROL     is the total no of lots.

                 C        is the credit stated in section 8.4 (Credit).

                 Note:

                          (a) for residential lot reconfiguration, the adopted infrastructure charge
                              is apportioned across all networks;

                          (b) for non-residential lot reconfiguration, the adopted infrastructure
                              charge apportionment excludes the stormwater charge component.
                              The stormwater charge will be calculated and issued on a
                              subsequent material change of use or building work approval when
                              the impervious area is able to be determined.

       (2)       An infrastructure charge that may be levied for a material change of use or
                 building work for residential development is calculated as follows:

                 LCR = (Sum(ACR x QR) for each defined use) − C

                 Where:



                              Council Resolution effective 16 February 2015

Section 12

                                               12
                                      Noosa Shire Council
                                 Charges Resolution (No. 2) 2014



              LCR      is the infrastructure charge that may be levied for a material change of
                       use or building work for residential development.

              ACR      is the adopted charge rate for each defined use for a material change of
                       use or building work for residential development stated in section 8.3
                       (Adopted charge rate).

              QR       is the residential quantity for each defined use.

              C        is the credit stated in section 8.4 (Credit).

      (3)     An infrastructure charge that may be levied for a material change of use or
              building work for non-residential development is calculated as follows:

              LC = LCNR + LCSW

              Where:

              LC       is the infrastructure charge that may be levied for the total development

              LCNR = (Sum of (AC4 x Q4) for each defined use) − C4

              LCSW = (ACSW x QSW) − CSW

              LCNR     is the infrastructure charge that may be levied for a material change of
                       use or building work for non-residential development for the transport,
                       public parks and land for community facilities, water supply and
                       sewerage networks.

              LCSW     is the levied charge for a material change of use or building work for
                       non-residential development for the stormwater network.

              AC4      is the adopted charge rate for each defined use for a material change of
                       use or building work for non-residential development stated in section
                       8.3 (Adopted charge rate) for the transport, public parks and land for
                       community facilities, water supply and sewerage networks.

              ACSW     is the adopted charge rate for a material change of use or building work
                       for non-residential development stated in section 8.3 (Adopted charge
                       rate) for the stormwater network.

              Q4       is the non-residential quantity for each defined use.

              QSW      is the impervious area of the development.

              C4       is the credit stated in section 8.4 (Credit) for the transport, public parks
                       and land for community facilities, water supply and sewerage networks.

              CSW      is the credit stated in section 8.4 (Credit) for the stormwater network.

      (4)     An infrastructure charge is only levied if the calculation in sub-sections (1), (2)
              and (3) results in an amount greater than $zero (i.e. no refund applies should the
              calculated charge result in a negative amount).

8.3   Adopted charge rate

      The adopted charge rate for:


                           Council Resolution effective 16 February 2015

Section 13

                                                    13
                                           Noosa Shire Council
                                      Charges Resolution (No. 2) 2014



               (a)     reconfiguring a lot, is the amount stated for Residential (3 or more
                       bedroom dwelling unit) in Table 10.3 (Schedule of adopted charges);

               (b)     a material change of use or building work for:

                       (i)           residential development, is stated in Table 10.3 (Schedule of
                                     adopted charges);

                       (ii)          non-residential development other than special uses, is stated in
                                     Table 10.3 (Schedule of adopted charges), which comprises the
                                     following:

                                     (A)       the adopted charge rate for the transport, public parks
                                               and land for community facilities, water and sewerage
                                               networks; and

                                     (B)       the adopted charge rate for the stormwater network;

                       (iii)         non-residential development being special uses or other
                                     development not otherwise identified in paragraphs (i) or (ii):

                                     (A)       the adopted charge rate for the transport, public parks
                                               and land for community facilities, water supply and
                                               sewerage networks, is the charge for the charge
                                               category that the local government determines should
                                               apply for the use at the time of assessment; and

                                     (B)       the adopted charge rate for the stormwater network

8.4   Credit

               The credit for the premises is an amount which is the greater of the following:

               (a)     the amount of an adopted infrastructure charge previously paid for the
                       development of the premises;

               (b)     where the premises is subject to an existing lawful use or previous lawful
                       use no longer taking place for:

                        (i)          residential development, the amount stated for an adopted
                                     charge in Table 10.3 (Schedule of adopted charges) for the
                                     lawful use;

                        (ii)         non-residential development other than special uses, the
                                     amount stated for an adopted charge in Table 10.3 (Schedule
                                     of adopted charges) for the lawful use;

                        (iii)        non-residential development being special uses or other
                                     development not otherwise identified in paragraphs (i) or (ii), the
                                     amount for the charge category that the local government
                                     determines should apply for the use;

                       The onus remains with the applicant to provide full details and evidence
                       as to the extent and lawfulness of any claim for a credit for a previous
                       use no longer taking place.

               (c)     where the premises is not subject to an existing or previous lawful use:

                                Council Resolution effective 16 February 2015

Section 14

                                                   14
                                          Noosa Shire Council
                                     Charges Resolution (No. 2) 2014



                        (i)         for residential development, the amount applicable for a
                                    residential lot stated for Residential (3 or more bedroom
                                    dwelling unit) in Table 10.3 (Schedule of adopted charges)
                                    applicable to a single residential lot provided the lot is capable of
                                    having a dwelling house built on the lot in compliance the
                                    planning scheme requirements;

                        (ii)        for non-residential development, no credit applies;

8.5    Additional credit for past contribution or charge

       For a past contribution and or charge that has been paid for a particular network under a
       previous charging regime that exceeds the network component of the credit applied under
       section 8.4 (Credit) an “additional credit” against the adopted charge for the particular
       network will be recognised. The amount of the credit will be determined by converting the
       previous payment to an equivalent adopted charge as determined by Council and only
       relates to the amount over and above the standard credit applied under section 8.4
       (credit).

       The amount of the credit will not be more than the adopted charge amount apportioned for
       that network. The onus remains with the applicant to provide full details and evidence of
       any payments of contributions and or charges under a previous charging regime.


  9.     Administration of levied charge
9.1    Purpose

       Section 9 states how an infrastructure charge levied by the Council is to be administered.

9.2    Subsidy for a levied charge

       The Council’s policy statement in respect of a subsidy for a levied infrastructure charge is
       stated in Council Policy Document - Infrastructure Charges Rebates for Community
       Organisations in effect at the time of levying the infrastructure charge.

9.3    Time of payment of a levied charge

       A levied infrastructure charge is payable in accordance with the Sustainable Planning Act
       2009 at the following time:

               (a)      if the charge applies to reconfiguring a lot that is assessable
                        development or development requiring compliance assessment―before
                        the Council approves the plan of subdivision for the reconfiguration;

               (b)      if the charge applies to building work that is assessable development or
                        development requiring compliance assessment― before the certificate of
                        classification or final inspection certificate for the building work is given.

                 (c)    if the charge applies to a material change of use―before the change of
                        use happens;

               (d)      if paragraphs (a), (b) and (c) do not apply―on the day stated in the
                        infrastructure charges notice or negotiated infrastructure charges notice.




                               Council Resolution effective 16 February 2015

Section 15

                                                  15
                                         Noosa Shire Council
                                    Charges Resolution (No. 2) 2014



9.4     Alternatives to paying a levied charge

        The Council may give consideration to entering into an infrastructure agreement involving
        an alternative to the way a payment is to be made or an infrastructure contribution
        provided in a form other than paying an infrastructure charge.

9.5     Automatic increase provision of levied charge

        The levied infrastructure charge is subject to an automatic increase provision (indexation)
        as permitted under the legislation. The automatic increase provision is applied as follows:

        (1)      The infrastructure charge is first calculated using the adopted charge rates in
                 section 10 at the base date of 1 July 2014 (applying the Consumer Price Index at
                 March 2014) and indexed to the date of issue of the infrastructure charge notice;

        (2)      The issued infrastructure charge is subject to further indexation from the date of
                 issue until the date of payment.

        (3)      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.


  10.         Allocation of         adopted           infrastructure          charge    (breakup
              agreement)
10.1    Purpose

        Section 10 states how the adopted infrastructure charge of the Council and the distributor-
        retailer is to be allocated in accordance with the breakup agreement.

10.2    Allocation of adopted infrastructure charge to the Council and the distributor-
        retailer (breakup agreement)

        (1)      The proportion of an adopted infrastructure charge to be allocated to the Council
                 and the distributor-retailer is stated in Table 10.1 (Allocation of adopted
                 infrastructure charge (breakup agreement) to the Council and the distributor-
                 retailer). For non-residential development, this proportion of the adopted charge
                 excludes the stormwater network which is calculated separately and allocated
                 100% to Council.

        (2)      The levied charge is calculated and issued separately by the Council and
                 distributor-retailer as applying to their respective infrastructure networks in
                 accordance with the breakup agreement.

        (3)      Where development is not connected to the water and sewerage networks, the
                 levied charge issued by distributor-retailer is reduced as determined by the
                 distributor-retailer.




                              Council Resolution effective 16 February 2015

Section 16

                                                                     16
                                                            Noosa Shire Council
                                                       Charges Resolution (No. 2) 2014




Table 10.1 Apportionment of adopted infrastructure charge (breakup agreement) to the Council and the Distributor-
Retailer (Unitywater)

 Column 1         Column 2                                              Column 3                                                               Column 4

 Applicable       Planning         *Apportionment of adopted infrastructure charge for Non-Residential Development            Apportionment of adopted infrastructure
 local planning   areas                                                                                                       charge for:
 instrument
                                                                                                                                  a)   Residential development; and
                                 Retail, Commercial and Entertainment Uses
                                    (Retail, Office, Bulk Goods, Showroom,                    Industry Uses                       b)   *Non-Residential development not
                                                  Entertainment)                                                                       otherwise specified in Column 3

                                                        Distributor-Retailer                           Distributor-Retailer                           Distributor-Retailer
                                 Noosa Shire Council                           Noosa Shire Council                            Noosa Shire Council
                                                           (Unitywater)                                   (Unitywater)                                   (Unitywater)
                                        (%)                                           (%)                                            (%)
                                                                (%)                                            (%)                                            (%)

                  All Areas in
 The Noosa Plan                          85                     15                       64                    36                      60                     40
                  Noosa Shire


Note:
* For Non-Residential development, the adopted infrastructure charge apportionment excludes stormwater which is calculated and allocated separately 100%
  to Council.




                                                 Council Resolution effective 16 February 2015

Section 17

                                                         17
                                                Noosa Shire Council
                                           Charges Resolution (No. 2) 2014



10.3       Allocation of levied charge to trunk infrastructure networks

           The proportion of an adopted infrastructure charge to be allocated to a trunk infrastructure
           network in accordance with the breakup agreement for:

                      (a)       distributor-retailer trunk infrastructure, is stated in column 3 in Table 10.2
                                (Allocation of adopted infrastructure charge to trunk infrastructure
                                networks);

                      (b)       Council trunk infrastructure, is stated in column 4 in Table 10.2
                                (Allocation of adopted infrastructure charge to trunk infrastructure
                                networks). Sport and recreation uses are exempt from “Public parks and
                                land for community facilities” proportion of the adopted charge.

Table 10.2 Allocation of levied charge to trunk infrastructure networks

Column 1                        Column 2                    Column 3                                Column 4
Infrastructure charge           Trunk               Allocation of Distributor-         Allocation of Council infrastructure
                                infrastructure        Retailer (Unitywater)          charge to trunk infrastructure networks
                                networks to         infrastructure charge to
                                which an               trunk infrastructure
                                infrastructure              networks
                                charge applies
                                                       Water        Sewerage     Transport       Public parks    Stormwater
                                                       supply         (%)           (%)          and land for        (%)
                                                        (%)                                      community
                                                                                                   facilities
                                                                                                      (%)

Infrastructure charge for       All Networks             40            60              40             50              10
Residential development:
(a) reconfiguring a lot; or
                                No Sewerage              40            Nil             40             50              10
(b) a material change of use;
    or                          No Water Supply
(c) building work                                        Nil           Nil             40             50              10
                                & No Sewerage

                                All Networks             40            60              85             15             *N/A
Infrastructure charge for
Non-Residential
                                No Sewerage              40            Nil             85             15             *N/A
development :
(a) reconfiguring a lot         No Water Supply
                                                         Nil           Nil             85             15             *N/A
                                & No Sewerage

Infrastructure charge for       All Networks             40            60              85             15
Non-Residential                                                                                                   Calculated
development for:                No Sewerage              40            Nil             85             15          Separately
(b) a material change of use;                                                                                      100% to
    or                          No Water Supply                                                                    Council
(c) building work                                        Nil           Nil             85             15
                                & No Sewerage


Note:
* The Non-Residential Stormwater charge is normally unable to be calculated on a reconfiguration of a lot
  approval. This charge will therefore be calculated and applied on subsequent development permits for
  material change of use or building work when the impervious area is able to be determined.




                                     Council Resolution effective 16 February 2015

Section 18

                                                                                                 18
                                                                                        Noosa Shire Council
                                                                                   Charges Resolution (No. 2) 2014



               10.4      Schedule of Adopted Infrastructure Charges (breakup agreement)

                         Table 10.3 (Schedule of adopted charges) states the development class for a use under The Noosa Plan, planning scheme and the
                         adopted charge at the base date of 1 July 2014 applying to:
                         (i)    Distributor-Retailer (Unitywater) networks in accordance with the “charges breakup” agreement for Water Supply and Sewerage;
                         (ii)   Council networks in accordance with the “charges breakup” agreement for: Transport, Public parks and land for community
                                facilities, and Stormwater (Residential);
                         (iii)  Council network: Stormwater (Non-Residential).

               Table 10.3 Schedule of adopted charges
               Column 1                   Column 2       Column 3            Column 4                    Column 5                Column 6                       Column 7                    Column 8
        Use under The Noosa Plan         Development      Unit of          SPSP Maximum                UNITYWATER              Adopted Charge                   COUNCIL                  SPSP Maximum
                                            class        measure           Adopted Charge                CHARGE                      by                         CHARGE                   Adopted Charge
                                                                                                       Per Table 10.1            COUNCIL                      Per Table 10.1               Stormwater
 Use                  Defined use                                            Adopted by             (Charges breakup) of                                   (Charges breakup) of         (Non-Residential)
class                                                                       UNITYWATER               Maximum Adopted                                        Adopted Charge in              Adopted by
                                                                                                     Charge in Column 4                                         Column 6                    COUNCIL
                                                                        ($ per unit of measure)   ($ per unit of measure)   ($ per unit of measure)      ($ per unit of measure)      ($ per m2 impervious
                                                                                                                                                                                              area)
                                                         3 or more                                                                                                                         Included in
               Detached house             Residential    bedroom               $28,000                   $11,200                    $28,000                      $16,800                adopted charge in
                                                        dwelling unit                                                                                                                     Columns 6 & 7
               Multiple housing                                                                                                                                                           Included in
                Type 1 Relative or                      1 bedroom                                                          Ancillary to & included in   Ancillary to & included in
                                          Residential                          $20,000                    $8,000                                                                       adopted charge in
                                                        dwelling unit                                                          Detached House               Detached House
                 employee                                                                                                                                                               Columns 6 & 7
                                                         3 or more                                                                                                                        Included in
               Ancillary dwelling unit                   bedroom               $28,000                   $11,200                    $28,000                      $16,800               adopted charge in
 Residential




               &                                        dwelling unit                                                                                                                   Columns 6 & 7
               Multiple housing                                                                                                                                                           Included in
                                                         2 bedroom
                Type 2 Duplex            Residential                          $20,000                    $8,000                    $20,000                      $12,000               adopted charge in
                                                        dwelling unit
                                                                                                                                                                                        Columns 6 & 7
                Type 4 Conventional
                                                                                                                                                                                          Included in
                Type 5 Relocatable                      1 bedroom
                                                                               $20,000                    $8,000                    $13,000                       $7,800               adopted charge in
                                                        dwelling unit
                                                                                                                                                                                        Columns 6 & 7
               Multiple housing
                Type 3 Retirement and    Essential
                 special needs (aged                      m2 GFA                 $140                      $56                        $140                          $84                       $10
                                          services
                                  (3)
                 care facility)




                                                                            Council Resolution effective 16 February 2015

Section 19

                                                                                                       19
                                                                                              Noosa Shire Council
                                                                                         Charges Resolution (No. 2) 2014



               Column 1                      Column 2         Column 3             Column 4                    Column 5                Column 6                    Column 7                 Column 8
        Use under The Noosa Plan            Development        Unit of           SPSP Maximum                UNITYWATER              Adopted Charge                COUNCIL               SPSP Maximum
                                               class          measure            Adopted Charge                CHARGE                      by                      CHARGE                Adopted Charge
                                                                                                             Per Table 10.1            COUNCIL                   Per Table 10.1            Stormwater
 Use                 Defined use                                                   Adopted by             (Charges breakup) of                                (Charges breakup) of      (Non-Residential)
class                                                                             UNITYWATER               Maximum Adopted                                     Adopted Charge in           Adopted by
                                                                                                           Charge in Column 4                                      Column 6                 COUNCIL
                                                                              ($ per unit of measure)   ($ per unit of measure)   ($ per unit of measure)   ($ per unit of measure)   ($ per m2 impervious
                                                                                                                                                                                              area)
                                                              3 or more                                                                                                                   Included in
                                                              bedroom                $28,000                   $11,200                   $28,000                   $16,800             adopted charge in
                                                             dwelling unit                                                                                                              Columns 6 & 7
               Multiple housing
                Type 3 Retirement and        Long term       2 bedroom
                                                                                                                                                                                          Included in
                                                                                     $20,000                    $8,000                   $20,000                   $12,000             adopted charge in
                 special needs              accommodation    dwelling unit
                                                                                                                                                                                        Columns 6 & 7
                                      (3)
                 (retirement village)
                                                                                                                                                                                          Included in
                                                              1 bedroom
                                                                                     $20,000                    $8,000                   $13,000                    $7,800             adopted charge in
                                                             dwelling unit
                                                                                                                                                                                        Columns 6 & 7

                                                            per suite (with
                                                                1 or 2               $10,000                    $4,000                   $10,000                    $6,000
                                                             bedrooms)
               Visitor accommodation                        per suite (with
                Type 1 Home hosted           Short term      3 or more              $14,000                    $5,600                   $14,000                    $8,400
                                                                                                                                                                                          Included in
                                                                                                                                                                                       adopted charge in
 Residential




                Type 3 Rural               accommodation    bedrooms)
                                                                                                                                                                                        Columns 6 & 7
                Type 4 Conventional                         per bedroom
                                                            (for a bedroom
                                                                 that is             $10,000                    $4,000                   $10,000                    $6,000
                                                              not within a
                                                                 suite)
                                                               per 1 or 2
                                                             tent/caravan            $10,000                    $4,000                   $10 000                    $6,000
                                                                 sites

                                                                 per 3
                                                             tent/caravan            $14,000                    $5,600                   $14 000                    $8,400
                                                                 sites                                                                                                                    Included in
               Visitor accommodation          Short term
                                                                                                                                                                                       adopted charge in
                Type 2 Caravan park        accommodation
                                                              per 1 or 2                                                                                                                Columns 6 & 7
                                                                                     $10,000                    $4,000                   $10 000                    $6,000
                                                            bedroom cabin


                                                             per 3 or more
                                                                                     $14,000                    $5,600                   $14 000                    $8,400
                                                            bedroom cabin




                                                                                  Council Resolution effective 16 February 2015

Section 20

                                                                                                          20
                                                                                                 Noosa Shire Council
                                                                                            Charges Resolution (No. 2) 2014



                Column 1                     Column 2             Column 3            Column 4                    Column 5                Column 6                    Column 7                 Column 8
         Use under The Noosa Plan           Development            Unit of          SPSP Maximum                UNITYWATER              Adopted Charge                COUNCIL               SPSP Maximum
                                               class              measure           Adopted Charge                CHARGE                      by                      CHARGE                Adopted Charge
                                                                                                                Per Table 10.1            COUNCIL                   Per Table 10.1            Stormwater
 Use                  Defined use                                                     Adopted by             (Charges breakup) of                                (Charges breakup) of      (Non-Residential)
class                                                                                UNITYWATER               Maximum Adopted                                     Adopted Charge in           Adopted by
                                                                                                              Charge in Column 4                                      Column 6                 COUNCIL
                                                                                 ($ per unit of measure)   ($ per unit of measure)   ($ per unit of measure)   ($ per unit of measure)   ($ per m2 impervious
                                                                                                                                                                                                 area)

                Cultivation
                 Type 1 Traditional       Low impact rural          N/A                   Nil                       Nil                       Nil                       Nil                     Nil
                 Type 2 Intensive

                Animal husbandry
 Agricultural




                                           Low impact rural          N/A                   Nil                       Nil                       Nil                       Nil                     Nil
                 Type 1 Traditional

                Animal husbandry             High impact
                                                                   m2 GFA                  $20                       $8                       $20                       $12                      Nil
                 Type 2 Intensive              rural

                Forestry
                 Type 1 Native            Low impact rural          N/A                   Nil                       Nil                       Nil                       Nil                     Nil
                 Type 2 Plantation

                Commercial business          Commercial
                                                                   m2 GFA                 $140                      $21                       $140                      $119                     $10
                 Type 1 Office                (office)

                Commercial business
                 Type 2 Medical               Essential
                                                                   m2 GFA                 $140                      $56                       $140                      $84                      $10
                                               services
                 Type 3 Veterinary
                Entertainment and dining
                business                     Commercial
                 Type 1 Food &                                    m2 GFA                 $180                      $27                       $180                      $153                     $10
                                               (retail)
 Business




                  beverages
                                                                   m2 GFA
                Entertainment and dining
                                                                  (excluding              $200                      $80                       $140                      $84
                business                                         court areas)
                 Type 2 Recreation,        Indoor sport &
                                                                                                                                                                                                 $10
                  amusement and            recreation facility
                            (2)                                    m2 GFA
                  fitness                                                                  $20                       $8                       $20                       $12
                                                                 (court areas)

                Entertainment and dining
                business                    Entertainment          m2 GFA                 $200                      $30                       $200                      $170                     $10
                 Type 3 Bar



                                                                                     Council Resolution effective 16 February 2015

Section 21

                                                                                              21
                                                                                     Noosa Shire Council
                                                                                Charges Resolution (No. 2) 2014



             Column 1                      Column 2       Column 3        Column 4                     Column 5                  Column 6                     Column 7                  Column 8
      Use under The Noosa Plan            Development      Unit of      SPSP Maximum                 UNITYWATER                Adopted Charge                 COUNCIL                SPSP Maximum
                                             class        measure       Adopted Charge                 CHARGE                        by                       CHARGE                 Adopted Charge
                                                                                                     Per Table 10.1              COUNCIL                    Per Table 10.1             Stormwater
 Use              Defined use                                             Adopted by              (Charges breakup) of                                   (Charges breakup) of       (Non-Residential)
class                                                                    UNITYWATER                Maximum Adopted                                        Adopted Charge in            Adopted by
                                                                                                   Charge in Column 4                                         Column 6                  COUNCIL
                                                                     ($ per unit of measure)    ($ per unit of measure)    ($ per unit of measure)     ($ per unit of measure)    ($ per m2 impervious
                                                                                                                                                                                          area)
            Home-based business
              Type 1 Limited
               visibility
                                           Minor uses       N/A                Nil                        Nil                         Nil                         Nil                     Nil
              Type 2 Evident
              Type 3 Significant
               scale
            Industrial business
              Type 1 Warehouse
              Type 2 Production,            Industry     m2 GFA               $50                        $18                        $50                         $32                      $10
               alteration, repackaging
               and repairing

            Industrial business                                      The charge (in columns 4 & 6) as apportioned (in columns 5 & 7) for the charge category (in columns 1 & 2)
                                          Special uses    m2 GFA                                                                                                                          $10
              Type 3 Extractive                                              that the local government determines should apply for the use at the time of assessment
 Business




            Retail business
             Type 1 Local                 Commercial
                                                          m2 GFA              $180                        $27                        $180                        $153                     $10
                                             (retail)
             Type 2 Shop & salon
            Retail business
             Type 3 Landscape and
              rural
             Type 4 Showroom              Commercial
                                                          m2 GFA              $140                        $21                        $140                        $119                     $10
                                           (bulk goods)
             Type 6 Hardware
              Store
             Type 7 Garden

                                         a) Standard
                                          Commercial      m2 GFA              $140                        $21                        $140                        $119                     $10
                                          (bulk goods)
            Retail business
             Type 5 Vehicle uses        b) Service
                                         Station          m2 GFA              $180                        $27                        $180                        $153                     $10
                                           Commercial
                                             (retail)




                                                                         Council Resolution effective 16 February 2015

Section 22

                                                                                                   22
                                                                                          Noosa Shire Council
                                                                                     Charges Resolution (No. 2) 2014



              Column 1                    Column 2         Column 3            Column 4                     Column 5                  Column 6                     Column 7                  Column 8
       Use under The Noosa Plan          Development        Unit of          SPSP Maximum                 UNITYWATER                Adopted Charge                 COUNCIL                SPSP Maximum
                                            class          measure           Adopted Charge                 CHARGE                        by                       CHARGE                 Adopted Charge
                                                                                                          Per Table 10.1              COUNCIL                    Per Table 10.1             Stormwater
 Use               Defined use                                                 Adopted by              (Charges breakup) of                                   (Charges breakup) of       (Non-Residential)
class                                                                         UNITYWATER                Maximum Adopted                                        Adopted Charge in            Adopted by
                                                                                                        Charge in Column 4                                         Column 6                  COUNCIL
                                                                          ($ per unit of measure)    ($ per unit of measure)    ($ per unit of measure)     ($ per unit of measure)    ($ per m2 impervious
                                                                                                                                                                                               area)
             Education
              Type 1 Childcare
              Type 2 School               Education        m2 GFA                 $140                        $56                        $140                        $84                      $10
              Type 3 Adult
              Type 4 Information
             Emergency service
              Type 1 Station              Essential
                                                            m2 GFA                 $140                        $56                        $140                        $84                      $10
                                           services
              Type 2 Shed
             Open space
              Type 1 Sport and           Special uses      m2 GFA
                                                                          The charge (in columns 4 & 6) as apportioned (in columns 5 & 7) for the charge category (in columns 1 & 2)
                                                                                                                                                                                               $10
                         (2)                                                       that the local government determines should apply for the use at the time of assessment
               recreation
                                                            per 1 or 2
                                                          tent/caravan           $10,000                     $4,000                     $10 000                      $6,000
                                                              sites
 Community




                                                              per 3
                                                          tent/caravan           $14,000                     $5,600                     $14 000                      $8,400                Included in
             Open space                    Short term         sites                                                                                                                     adopted charge in
              Type 2 Camp ground        accommodation
                                                           per 1 or 2                                                                                                                    Columns 5 & 7
                                                                                 $10,000                     $4,000                     $10 000                      $6,000
                                                         bedroom cabin

                                                          per 3 or more
                                                                                 $14,000                     $5,600                     $14 000                      $8,400
                                                         bedroom cabin

             Wellbeing
              Type 1 Health               Essential
                                                            m2 GFA                 $140                        $56                        $140                        $84                      $10
                                           services
               (hospital, hospice etc)
             Wellbeing
              Type 2 Social (arts
               and crafts, community
               meeting hall CWA etc)       Assembly         m2 GFA                  $70                        $28                        $70                         $42                      $10
              Type 3 Worship
              Type 4 Funeral




                                                                              Council Resolution effective 16 February 2015

Section 23

                                                                                                   23
                                                                                          Noosa Shire Council
                                                                                     Charges Resolution (No. 2) 2014



                  Column 1                    Column 2       Column 3         Column 4                      Column 5                  Column 6                     Column 7                  Column 8
           Use under The Noosa Plan          Development      Unit of       SPSP Maximum                  UNITYWATER                Adopted Charge                 COUNCIL                SPSP Maximum
                                                class        measure        Adopted Charge                  CHARGE                        by                       CHARGE                 Adopted Charge
                                                                                                          Per Table 10.1              COUNCIL                    Per Table 10.1             Stormwater
 Use                      Defined use                                          Adopted by              (Charges breakup) of                                   (Charges breakup) of       (Non-Residential)
class                                                                         UNITYWATER                Maximum Adopted                                        Adopted Charge in            Adopted by
                                                                                                        Charge in Column 4                                         Column 6                  COUNCIL
                                                                         ($ per unit of measure)     ($ per unit of measure)    ($ per unit of measure)     ($ per unit of measure)    ($ per m2 impervious
                                                                                                                                                                                               area)

                   Service & utility
                                               Industry       m2 GFA               $50                         $18                        $50                         $32                      $10
                    Type 1 Depot

                   Service & utility
                    Type 2 Installation                                  The charge (in columns 4 & 6) as apportioned (in columns 5 & 7) for the charge category (in columns 1 & 2)
                                             Special uses     m2 GFA                                                                                                                           $10
                    Type 4 Treatment,                                             that the local government determines should apply for the use at the time of assessment
                     recycling & disposal;
 Infrastructure




                   Service & utility
                                              Minor uses       N/A                  Nil                        Nil                         Nil                         Nil                     Nil
                    Type 3 Tower

                   Transport
                    Type 1 Passenger
                     terminal                                             The charge (in columns 4 & 6) as apportioned (in columns 5 & 7) for the charge category (in columns 1 & 2)
                                             Special uses     m2 GFA                                                                                                                           $10
                                                                                   that the local government determines should apply for the use at the time of assessment
                    Type 2 Carpark
                    Type 4 Aeronautical

                   Transport
                                               Industry       m2 GFA               $50                         $18                        $50                         $32                      $10
                    Type 3 Depot

                  Note:
                  (1) Where a Water Supply and/or Sewerage network service is not provided, the Distributor-Retailer apportioned charge is reduced and applied according to
                      Table 10.2 Allocation of Infrastructure charge to trunk infrastructure networks.
                  (2) Sport and recreation uses are exempt from “Public Parks and Land for Community Facilities” network allocation of the Council apportioned charge.
                  (3) For Retirement and residential care developments, the net charge payable for “Transport” and “Public Parks and Land for Community Facilities” networks is
                      reduced to 70% of the standard Council calculated charge allocated to those networks.
                  (4) Development that is for provision of “trunk” infrastructure is exempt from and not subject to payment of infrastructure charges.
                  (5) Table 10.3 charges are specified at the base date of 1 July 2014 and are subject to indexation in accordance with clause 9.5 Automatic increase provision of
                      levied charge.




                                                                             Council Resolution effective 16 February 2015

Section 24

                                                      24
                                             Noosa Shire Council
                                        Charges Resolution (No. 2) 2014



Part 4                  Offset and refund for Council trunk
                        infrastructure

  11.         Infrastructure offset
11.1    Purpose

        Section 11 states the Council’s policy for calculating the establishment cost for an
        infrastructure offset for provision of trunk infrastructure.

11.2    Application of section

        Section 11 applies where for a development, the Council has for a trunk infrastructure
        network:
                  (a)     requires trunk infrastructure to be provided under a necessary
                          infrastructure condition of a development approval, that services or is
                          planned to service premises other than the subject premises; and;
                  (b)     a levied infrastructure charge applies to the development.

11.3    Establishment cost for an infrastructure offset

                  The establishment cost for determining offsets for provision of trunk infrastructure
                  required in a necessary infrastructure condition shall be the establishment cost
                  identified in the LGIP or Netserv Plan and indexed to the reference date of the
                  issued infrastructure charges notice.

11.4    Recalculation of establishment cost for an infrastructure offset

        (1)       Where a notice is given by an applicant under s. 657 of SPA requesting a
                  recalculation of the establishment cost for the trunk infrastructure that is works,
                  the recalculated amount shall be the pre-market estimate of the work as follows:
                  The pre-market estimate of work for the trunk infrastructure contribution is the
                  estimate expressed in dollars of the design and construction of the work:
                  (a)      including the following:
                          (i)          the cost of planning and designing the work;
                          (ii)         the cost of survey and site investigation for the work;
                          (iii)        a cost under a construction contract for the work;
                          (iv)         a portable long service leave payment for a construction
                                       contract;
                          (v)          an insurance premium for the work;
                          (vi)         a Council inspection fee for the commencement and end of the
                                       maintenance period for the work;
                          (vii)        the cost of an approval for the work;




                                  Council Resolution effective 16 February 2015

Section 25

                                    25
                           Noosa Shire Council
                      Charges Resolution (No. 2) 2014



(b)   excluding the following:
      (i)          a cost of carrying out temporary infrastructure;
      (ii)         a cost of carrying out other infrastructure which is not part of the
                   trunk infrastructure contribution;
      (iii)        a cost of the decommissioning, removal and rehabilitation of
                   infrastructure identified in paragraphs (i) and (ii);
      (iv)         a part of the trunk infrastructure contribution provided by the
                   Council or a person other than the person seeking the
                   infrastructure offset;
      (v)          a cost to the extent that GST is payable and an input tax credit
                   can be claimed for the work.
(c)   The applicant:
      (i)          must undertake a tender process in accordance with the
                   Council’s Procurement Policy for any work contribution which is
                   eligible for an Infrastructure Offset under this document;
      (ii)         must give the Council a Notice which states the claimant’s
                   calculation of the pre-market estimate, which will include, as
                   applicable;
                 A.          a copy of the tender advertisement;
                 B.          a copy of each tender received;
                 C.          the claimant’s preferred tenderer;
                 D.          the claimant’s reason for the preferred tenderer;
                 E.          a copy of the proposed Work Contract issued by the
                             claimant’s preferred tenderer;
                 F.          detailed plans and specifications showing the extent of
                             the Work Contribution eligible for an Infrastructure
                             Offset;
                 G.          the claimant’s calculation of the cost providing a Works
                             Contribution to which an Infrastructure Offset applies;
                 H.        the total of the claimant’s calculation of the Pre-Market
                           Estimate.
      (iii)        If the Council agrees with the applicant’s Pre-Market Estimate, it
                   becomes the establishment cost of the infrastructure.

(d)   If the Council does not agree with the applicant’s Pre-Market Estimate,
      the Council will provide its own alternative Pre-Market Estimate to the
      applicant. If the applicant agrees with the Council’s alternative Pre-
      Market Estimate, it becomes the establishment cost of the infrastructure.

(e)   If agreement cannot be reached on the Pre-Market Estimate, an
      independent assessor is to be appointed by agreement between the



              Council Resolution effective 16 February 2015

Section 26

                                                   26
                                          Noosa Shire Council
                                     Charges Resolution (No. 2) 2014



                           Council and the applicant to determine the estimate. The cost of this
                           independent assessment is to be equally shared between the local
                           authority and the applicant and the amended cost estimate determined
                           by the independent assessor becomes the establishment cost of the
                           infrastructure.

                           However, if the Council and the applicant cannot reach agreement on
                           the appointment of an independent assessor, the establishment cost of
                           the infrastructure is determined by calculating the average of the
                           previous two cost estimates prepared on behalf of the applicant and the
                           Council respectively.

        (2)        Where a notice is given by an applicant under s. 657 of SPA requesting a
                  recalculation of the establishment cost for the trunk infrastructure that is land, the
                  recalculated amount shall be the value estimated for the land based on the pre-
                  approved and pre-developed state of the land as follows:

                   a)      The applicant, at their own cost, must provide to the Council a valuation
                           of the specified land undertaken by a certified practicing valuer. If the
                           Council accepts the valuation, the valuation is the establishment cost of
                           the infrastructure.

                  (b)      If the Council does not agree with the applicant’s valuation, the Council
                           will provide its own alternative valuation to the applicant. If the applicant
                           agrees with the Council’s alternative Pre-Market Estimate, it becomes
                           the establishment cost of the infrastructure.

                  (c)      If agreement cannot be reached on the valuation, an independent
                           assessor is to be appointed by agreement between the Council and the
                           applicant to determine the estimate. The cost of this independent
                           assessment is to be equally shared between the local authority and the
                           applicant and the amended valuation estimate determined by the
                           independent assessor becomes the establishment cost of the
                           infrastructure.

                           However, if the Council and the applicant cannot reach agreement on
                           the appointment of an independent assessor, the establishment cost of
                           the infrastructure is determined by calculating the average of the
                           previous two valuation estimates prepared on behalf of the applicant and
                           the Council respectively.


  12.         Refund of an unused infrastructure offset
12.1    Purpose

        Section 12 states the Council’s policy for a refund of an unused infrastructure offset for
        provision of trunk infrastructure.




                               Council Resolution effective 16 February 2015

Section 27

                                                      27
                                             Noosa Shire Council
                                        Charges Resolution (No. 2) 2014



12.2    Application of section

        Section 12 applies where:

                 (a)      the development to which the trunk infrastructure relates has been
                          lawfully completed;

                 (b)      the trunk infrastructure is planned under this document to service the
                          development of other premises and has been completed and handed
                          over to Council;

                 (c)      the amount of the value of an infrastructure offset has not been fully
                          offset against a levied infrastructure charge to which the trunk
                          infrastructure relates.

12.3    Payment of a refund

        (1)      A refund will be paid by Council (as applicable) to the applicant in accordance
                 with the following:
                 (a)      the refund will not exceed the value of the unused infrastructure offset
                          and is not subject to indexation;
                 (b)      The amounts and timing of refund payments will be made as follows:
                          (i)       for refund amounts up to $150,000, the payment will occur in the
                                    December quarter in the financial year following completion of the
                                    works and handover of the trunk infrastructure to Council; and
                          (ii)      for remaining refund balance amounts over $150,000 up to
                                    $500,000 the payment will occur in the December quarter in the
                                    second financial year following completion of the works and
                                    handover of the trunk infrastructure to Council; and
                          (iii)     for any remaining refund balance amounts over $500,000, the
                                    payment will occur in the December quarter in the third financial
                                    year following completion of the works and handover of the trunk
                                    infrastructure to Council.

  13.         CONVERSION APPLICATIONS

13.1    Purpose

        Section 13 states the Council’s criteria for consideration and assessment of applications
        to convert non-trunk infrastructure to trunk infrastructure.

13.2    Application of section

        (1)       This section applies if:
                  (a)     a condition of a development approval requires non-trunk infrastructure
                          to be provided; and
                  (b)     the construction of the non-trunk infrastructure has not started.




                                  Council Resolution effective 16 February 2015

Section 28

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                                          Noosa Shire Council
                                     Charges Resolution (No. 2) 2014




13.3   Conversion application process

       (1)     An applicant may apply to the local government to convert non-trunk
               infrastructure to trunk infrastructure.
       (2)     The application must be made in writing using the prescribed form (the
               conversion application).
       (3)     The local government must, within the required period (see section 660 (6) of
               SPA), decide the conversion application having regard to the criteria for deciding
               the application stated in section 13.6.
       (4)     At any time before deciding the conversion application, the local government may
               give a notice to the applicant requiring the applicant to give information that the
               local government reasonably needs to make the decision (see section 660(4) of
               the SPA for notice requirements).

13.4   Notice of decision

       (1)     As soon as practicable after deciding the conversion application, the local
               government must give the applicant notice of the decision.
       (2)     If the decision is not to convert non-trunk infrastructure to trunk infrastructure, the
               notice must be an information notice about the decision.
       (3)     If the decision is to convert non-trunk infrastructure to trunk infrastructure, the
               written notice must state:
               (a)      that the infrastructure is trunk infrastructure
               (b)      if the infrastructure will be conditioned as a necessary infrastructure
                        condition
               (c)      if an offset or refund applies
               (d)      if an offset or refund applies, the details of that offset or refund.

13.5   Effect of conversion application decision

       (1)     If the local government has decided to convert non-trunk infrastructure to trunk
               infrastructure, it may amend the development approval by imposing a necessary
               infrastructure condition for the trunk infrastructure.
       (2)     If a necessary infrastructure condition is imposed, the local government must give
               either an infrastructure charges notice or an amended infrastructure charges
               notice including details of the offset or refund.

13.6   Criteria for deciding a conversion application

       (1)     Each of the following criteria must be met for non-trunk infrastructure to be
               converted to trunk infrastructure :
               (a)      the infrastructure services development that is-
                        (i)      consistent with the assumptions about the type, scale, location or
                                 timing of future development stated in the LGIP; and
                        (ii)     for premises completely inside the PIA.




                               Council Resolution effective 16 February 2015

Section 29

                                                     29
                                            Noosa Shire Council
                                       Charges Resolution (No. 2) 2014



                 (b)      construction of the infrastructure has not yet started
                 (c)      the infrastructure is inconsistent with the requirements for non-trunk
                          infrastructure stated in section 665 of the SPA
                 (d)      the infrastructure is owned or will be owned by the local government
                 (e)      the infrastructure is not temporary infrastructure
                 (f)      the infrastructure will be used by other development
                 (g)      the type, capacity and function of the infrastructure is:
                          (i)      consistent with the trunk infrastructure identified in the local
                                   government’s LGIP and the examples of trunk infrastructure
                                   identified for a network in Table 13.1
                          (ii)     inconsistent with the examples of non-trunk infrastructure identified
                                   for a network in Table 13.1
                 (h)      the type, size and location of the infrastructure is the most cost effective
                          option for servicing multiple developments in the area.
                 (i)      the infrastructure could have been planned by the local government
                          without knowing the detailed layout of lot reconfigurations or the design
                          details for material change of use applications in the area. That is, the
                          infrastructure could have been planned during preparation of the LGIP
                          using only the planned density assumptions stated in the LGIP.
        (2)      The most cost effective option for trunk infrastructure provision means the least
                 cost option based upon the life cycle cost of the infrastructure required to service
                 future urban development in the area at the desired standard of service.


Table 13.1 – Examples of trunk infrastructure and non-trunk infrastructure for Council’s
networks

Infrastructure network   Examples of trunk infrastructure                Examples of non-trunk infrastructure

Stormwater               Land and/or works for:                          Land and/or works for:
                          the following stormwater infrastructure          Privately     owned      stormwater
                           items which service a minimum of 300              infrastructure (e.g. dams, retention
                           residential lots or equivalent demand:            basins on private property)
                            o Bio-retention swale                           bulk   stormwater      infrastructure
                            o Channel                                        owned by state or state entity
                            o Culvert                                       the        following    stormwater
                            o Pipe                                           infrastructure items which service
                                                                             less than 300 residential lots or
                            o Revegetation                                   equivalent demand:
                            o Stormwater quality devices                     o Bio-retention swale
                            o Retention basin / wetland                      o Channel
                            o Detention basin                                o Culvert
                                                                             o Pipe
                                                                             o Revegetation
                                                                             o Stormwater quality devices
                                                                             o Retention basin / wetland
                                                                             o Detention basin




                                 Council Resolution effective 16 February 2015

Section 30

                                                    30
                                           Noosa Shire Council
                                      Charges Resolution (No. 2) 2014



Infrastructure network   Examples of trunk infrastructure               Examples of non-trunk infrastructure

Transport                Land and/or works for:                         Land and/or works for:
                           the following local government roads,              State controlled roads
                            including associated intersections,                the following local government
                            roundabouts, bridges and culverts:                  roads,      including    associated
                             o arterial roads                                   intersections, roundabouts, bridges
                             o sub-arterial roads                               and culverts:
                             o district collector roads in urban                o access streets
                                 areas having a capacity equal to               o access roads
                                 or greater than 16,000 vpd and                 o minor collector roads.
                                 servicing a minimum of 300
                                 residential lots or equivalent                standard items associated with the
                                 demand                                         road profile of a local government
                                                                                road specified above including kerb
                             o district collector roads in non-                 and channelling, lighting, signage,
                                 urban areas having a capacity                  traffic lights, foot and cycle paths
                                 equal to or greater than 1,000 vpd             and basic verge plantings
                                 and servicing a minimum of 100
                                 residential lots or equivalent                bus stops constructed as part of a
                                 demand                                         local government road specified
                                                                                above.
                           standard items associated with the
                            road profile of a local government road            streetscaping
                            specified above, including kerb and                local area traffic management
                            channelling, lighting, signage, traffic            pedestrian and cycle paths which
                            lights, foot and cycle paths and basic              perform a local neighbourhood
                            verge plantings                                     function
                           pedestrian and cycle paths which
                            perform a shire wide or district function
                           bus stops constructed as part of a
                            local government road specified above
Public parks and land    Land and/or works that ensure the land is      Land and/or works for:
for community            suitable for:                                         Privately owned parks
facilities                 the following public parks and land for            National parks
                            community facilities which service a
                            minimum of 300 residential lots or                 State forestry areas
                            equivalent demand:                                 Areas within local government
                             o local recreation park                            owned parks that allow limited
                                                                                public access or do not perform a
                             o district recreation park
                                                                                primary    park   function    (e.g.
                             o shire wide recreation park                       bushland,      waterways       and
                             o district sporting park                           environmental areas)
                             o shire wide sporting park                    Any public park or land for
                             o local land for community facilities          community facility which services
                                 for the purpose of community               less than 300 residential lots or
                                 halls or centres, public recreation        equivalent demand
                                 centres and public libraries           Any embellishments for a trunk public
                           Embellishments necessary to make            park which are not specified as
                            the above specified public parks safe       examples of trunk infrastructure.
                            and useable including:
                             o footpaths and cycle paths
                             o shade structures
                             o picnic & play facilities

For examples of trunk infrastructure and non-trunk infrastructure for the distributor-retailer’s water
supply and sewerage networks, refer to the distributor-retailer.


                                Council Resolution effective 16 February 2015

Section 31

                    31
           Noosa Shire Council
      Charges Resolution (No. 2) 2014




Council Resolution effective 16 February 2015

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