Local Government Act 1993 No 30
Part 10 Fees
Division 1 Council fees—general
In Division 2 of this Part, a reference to a fee is a reference to a fee to which Division 2 applies and, in Division 3 of this Part, a reference to a fee is a reference to a fee to which Division 3 applies.
608 Council fees for services
(1) A council may charge and recover an approved fee for any service it provides, other than a service provided, or proposed to be provided, on an annual basis for which it is authorised or required to make an annual charge under section 496 or 501.(2) The services for which an approved fee may be charged include the following services provided under this Act or any other Act or the regulations by the council—• supplying a service, product or commodity• giving information• providing a service in connection with the exercise of the council’s regulatory functions—including receiving an application for approval, granting an approval, making an inspection and issuing a certificate• allowing admission to any building or enclosure.(3) In particular, a council may charge an approved fee for inspecting premises that are reasonably required to be inspected in the exercise of the council’s functions, whether or not the inspection is requested or agreed to by the owner or occupier of the premises.(4) However, a council may not charge an approved fee for the inspection of premises that are not used for a commercial activity, except where it is necessary to inspect the premises in connection with an application for an approval concerning the premises or in connection with any inspection that is reasonably necessary to determine if an approval has been complied with.(5) (Repealed)(6) If inspections of premises are reasonably necessary to determine if an approval has been complied with—(a) an approved fee may be charged for such an inspection only if the charging of the fee has been included as a condition of the approval, and(b) an approved fee may not be charged for such an inspection before the approval is granted, and(c) an approved fee may not be charged for the inspection of any thing for which the council relies on a certificate under section 93 that the thing has been done in compliance with the approval.(7) An approved fee charged for inspecting premises must be repaid to the person who paid it if the inspection is not carried out.(8) An approved fee charged in connection with a service provided at an airport established and maintained by the council may be recovered from the holder of the certificate of registration issued under the Civil Aviation Regulations of the Commonwealth for the aircraft in respect of which the service was provided. This subsection applies whether or not the holder is the person to whom the service is actually provided.
610 Effect of other Acts
(1) If the amount of a fee for a service is determined under another Act—(a) a council may not determine an amount that is inconsistent with the amount determined under the other Act, and(b) a council may not charge a fee in addition to the amount determined under the other Act.(2) If the charging of a fee for a service is prohibited under another Act, a council must not charge a fee for the service under this Act.
Division 2 Council fees for business activities
610A Application of Division
(1) This Division applies to a fee charged by a council for any service relating to the following activities—(a) the operation of an abattoir,(b) the operation of a gas production or reticulation service,(c) the carrying out of a water supply or sewerage service (other than a service provided, or proposed to be provided, on an annual basis for which the council is authorised or required to make an annual charge under section 501),(d) the carrying out of work under section 67,(e) the carrying out of graffiti removal work under section 11 of the Graffiti Control Act 2008,(f) any other activity prescribed by the regulations for the purposes of this subsection.(2) This Division does not apply to a fee charged by a council for a service relating to the following activities—(a) the issuing of a certificate under Part 4A of the Environmental Planning and Assessment Act 1979,(b) an activity prescribed by the regulations for the purposes of this subsection.
610B Fees to be determined in accordance with pricing methodologies
(1) A council may determine a fee to which this Division applies only in accordance with a pricing methodology adopted by the council in its operational plan prepared under Part 2 of Chapter 13.(2) However, a council may at any time determine a fee otherwise than in accordance with a pricing methodology adopted by the council in its operational plan, but only if the determination is made by a resolution at an open meeting of the council.
Division 3 Council fees for non-business activities
610C Application of Division
This Division applies to a fee for a service other than a fee to which Division 2 applies.
610D How does a council determine the amount of a fee for a service?
(1) A council, if it determines the amount of a fee for a service, must take into consideration the following factors—(a) the cost to the council of providing the service,(b) the price suggested for that service by any relevant industry body or in any schedule of charges published, from time to time, by the Department,(c) the importance of the service to the community,(d) any factors specified in the regulations.(2) The cost to the council of providing a service in connection with the exercise of a regulatory function need not be the only basis for determining the approved fee for that service.(3) A higher fee or an additional fee may be charged for an expedited service provided, for example, in a case of urgency.
610E Council may waive or reduce fees
(1) A council may waive payment of, or reduce, a fee (whether expressed as an actual or a maximum amount) in a particular case if the council is satisfied that the case falls within a category of hardship or any other category in respect of which the council has determined payment should be so waived or reduced.(2) However, a council must not determine a category of cases under this section until it has given public notice of the proposed category in the same way as it is required to give public notice of the amount of a proposed fee under section 610F(2) or (3).
610F Public notice of fees
(1) A council must not determine the amount of a fee until it has given public notice of the fee in accordance with this section and has considered any submissions duly made to it during the period of public notice.(2) Public notice of the amount of a proposed fee must be given (in accordance with section 405) in the draft operational plan for the year in which the fee is to be made.(3) However, if, after the date on which the operational plan commences—(a) a new service is provided, or the nature or extent of an existing service is changed, orthe council must give public notice (in accordance with section 705) for at least 28 days of the fee proposed for the new or changed service or the fee determined in accordance with the amended regulations.(b) the regulations in accordance with which the fee is determined are amended,(4) This section does not apply to a fee determined by a council for an application made in a filming proposal, if that fee is consistent with a scale or structure of fees set out in an applicable filming protocol.
Division 4 Certain annual charges
611 Annual charge on rails, pipes etc
(1) A council may make an annual charge on the person for the time being in possession, occupation or enjoyment of a rail, pipe, wire, pole, cable, tunnel or structure laid, erected, suspended, constructed or placed on, under or over a public place.(2) The annual charge may be made, levied and recovered in accordance with this Act as if it were a rate but is not to be regarded as a rate for the purposes of calculating a council’s general income under Part 2.(3) The annual charge is to be based on the nature and extent of the benefit enjoyed by the person concerned.(4) If a person is aggrieved by the amount of the annual charge, the person may appeal to the Land and Environment Court and that Court may determine the amount.(5) A person dissatisfied with the decision of the Court as being erroneous in law may appeal to the Supreme Court in the manner provided for appeals from the Land and Environment Court.(6) This section does not apply to—(a) the Crown, or(b) the Sydney Water Corporation, the Hunter Water Corporation, Water NSW or a water supply authority, or(c) Rail Infrastructure Corporation, or(d) the owner or operator of a light rail system (within the meaning of the Transport Administration Act 1988), but only if the matter relates to the development or operation of that system and is not excluded by the regulations from the exemption conferred by this paragraph.
(Renumbered as sec 610F)