Division 3 Coastal protection service charges
553B Restriction on levying coastal protection service
(1) An annual charge for coastal protection services may not be levied
on a parcel of rateable land in relation to existing coastal protection works
unless the owner (or any previous owner) of that land has consented in writing
to the land being subject to such charges.
(2) Despite subsection (1), the council may make and levy an annual
charge on a parcel of rateable land for coastal protection services that
relate to existing coastal protection works if the owner or occupier (or any
previous owner or occupier) of the parcel of rateable land contributed, after
the commencement of this section, to the upgrade or expansion of the existing
coastal protection works. However, any such annual charge must be calculated
so as to enable the council only to recover that portion of the reasonable
cost to the council of providing those services that exceeds the reasonable
cost to the council of providing such services had the existing coastal
protection works not been upgraded or expanded.
(3) An annual charge for coastal protection services may not be levied
on a parcel of rateable land in relation to any coastal protection works
(a) the maintenance of the works or the management of the impacts of
the works (as appropriate) is a condition of an approval or consent under the
Environmental Planning and Assessment Act
1979 relating to the works, and
(b) that maintenance or management work is not being carried out by or
on behalf of the council.
(4) In this section, existing
coastal protection works means coastal protection works that existed
before the commencement of this section.