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Prefabricated Buildings Pty Ltd v Bathurst Regional Council (No.2) [2017] NSWLEC 111

Background

On 24 April 2017 judgment was delivered in Prefabricated Buildings Pty Ltd v Bathurst Regional Council [2017] NSWLEC 44 dismissing a Class 3 application brought by Prefabricated Buildings Pty Ltd (‘Prefabricated Buildings’) appealing against a rates notice issued by Bathurst Regional Council (‘Council’). The appeal was brought pursuant to s 574(1) of the Local Government Act 1993 (NSW) (‘Act’) and related to an annual rates notice issued for water and sewerage services.

A summary of that case by our Local Government specialists can be found here. [...]  READ MORE →

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Can Council charge for services based on availability of services and actual use of services?

Background

On the 27 February 2017, the NSW Land and Environment Court dismissed an appeal of the applicant seeking to invalidate the Rates and Charges notices issued by a respondent council – Prefabricated Buildings Pty Ltd v Bathurst Regional Council [2017] NSWLEC 44.

Facts

The matter concerned water availability charges and sewerage access charges (Availability Charges) being levied by Bathurst Regional Council (the Council) against the Premises which were owned by the applicant. Council had levied the Availability Charges against the Premises since 2004 under the authority of s 501 of the Act, and such charges had been paid by the applicant. Council also issued separate water usage charges and sewer usage charges (the Notices) under s 502 of the Act every three months in arrears, The applicant specifically challenged the validity of the Notices under s 574(1) of the Local Government Act 1993 (NSW) (the Act) on the basis that Council was only able to charge for water services and sewerage service according to the actual use of the service and had no power to make the Availability Charges, which were imposed independently of actual use. [...]  READ MORE →