MCU16-0117_ICN.N1191_(ResNo.2-A1)_11 OpalStCOOROY.pdf

(3) To remove any doubt, it is declared that the appeal must not be about—
      (a) the adopted charge itself; or
      (b) for a decision about an offset or refund—
         (i) the establishment cost of infrastructure identified in an LGIP; or
         (ii) the cost of infrastructure decided using the method included in the local government’s charges
              resolution.
(4) The appeal must be started within 20 business days after the day the recipient is given the relevant
    infrastructure charges notice.
4.1      HOW APPEALS TO THE COURT ARE STARTED (SPA SECTION 481)
(1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.
(3) The person starting the appeal must also comply with the rules of the court applying to the appeal.
(4) However, the court may hear and decide an appeal even if the person has not complied with subsection
    (3).
4.2    APPEALS ABOUT INFRASTRUCTURE CHARGES DECISIONS (SPA SECTION 535)
(1) The recipient of an infrastructure charges notice may appeal to a building and development committee
    about the decision to give the notice.
(2) However, the appeal may be made only on 1 or more of the following grounds—
      (a) the decision involved an error relating to—
          (i) the application of the relevant adopted charge; or
          (ii) the working out, for section 636, of additional demand; or
          (iii) an offset or refund;
      (b) there was no decision about an offset or refund;
      (c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
(3) To remove any doubt, it is declared that the appeal must not be about—
      (a) the adopted charge itself; or
      (b) for a decision about an offset or refund—
          (i) the establishment cost of infrastructure in an LGIP; or
          (ii) the cost of infrastructure decided using the method included in the local government’s charges
               resolution.
(4) The appeal must be started within 20 business days after the day the recipient is given the
    relevant infrastructure charges notice.
4.3    HOW APPEALS TO COMMITTEES ARE STARTED (SPA SECTION 536)
(1) A person starts an appeal by lodging written notice of appeal, in the approved form, with the registrar
    of building development committees.
(2) The notice of appeal must state the grounds of the appeal and be accompanied by the fee prescribed
    under a regulation.

5.     INFRASTRUCTURE CHARGES ENQUIRIES

Infrastructure charges enquiries should be directed to the appropriate entity as follows:
(1) Council Infrastructure Charges enquiries should be directed to Noosa Council’s office:
      Phone: (07) 5329 6211 or 5329 6449 during office hours; or
      E-mail: [email protected]
(2) Unitywater Infrastructure Charges enquiries should be directed to Unitywater’s office:
      Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
      E-mail: [email protected]




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


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(3) To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—

(i) the establishment cost of infrastructure identified in an LGIP; or
(ii) the cost of infrastructure decided using the method included in the local government's charges
resolution.
(4) The appeal must be started within 20 business days after the day the recipient is given the relevant
infrastructure charges notice.

4.1 HOW APPEALS TO THE COURT ARE STARTED (SPA SECTION 481)

 

 

 

 

(1) An appeal is started by lodging written notice of appeal with the registrar of the court.

(2) The notice of appeal must state the grounds of the appeal.

(3) The person starting the appeal must also comply with the rules of the court applying to the appeal.

(4) However, the court may hear and decide an appeal even if the person has not complied with subsection
(3).

4.2 APPEALS ABOUT INFRASTRUCTURE CHARGES DECISIONS (SPA SECTION 535)

 

 

 

 

(1) The recipient of an infrastructure charges notice may appeal to a building and development committee
about the decision to give the notice.
(2) However, the appeal may be made only on 1 or more of the following grounds—
(a) the decision involved an error relating to—
(i) the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional demand; or
(iii) an offset or refund;
(b) there was no decision about an offset or refund;
(c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
(3) To remove any doubt, it is declared that the appeal must not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of infrastructure in an LGIP; or

(ii) the cost of infrastructure decided using the method included in the local government's charges
resolution.

(4) The appeal must be started within 20 business days after the day the recipient is given the
relevant infrastructure charges notice.

4.3 HOW APPEALS TO COMMITTEES ARE STARTED (SPA SECTION 536)

(1) A person starts an appeal by lodging written notice of appeal, in the approved form, with the registrar
of building development committees.

(2) The notice of appeal must state the grounds of the appeal and be accompanied by the fee prescribed
under a regulation.

5. INFRASTRUCTURE CHARGES ENQUIRIES

Infrastructure charges enquiries should be directed to the appropriate entity as follows:

 

 

 

 

(1) Council Infrastructure Charges enquiries should be directed to Noosa Council's office:
Phone: (07) 5329 6211 or 5329 6449 during office hours; or
E-mail: [email protected]

(2) Unitywater Infrastructure Charges enquiries should be directed to Unitywater's office:
Phone: 1300 086 489 or (07) 5431 8333 during office hours; or
E-mail: development. [email protected]

 

 

O ~ 2 PO Box 141 P. (07) 5329 6500 [email protected]
NOOSA C OUNCIL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au ICN - Page 6