New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 553B

553B Restriction on levying coastal protection service charges

(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 if:

(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.