New South Wales Consolidated Regulations

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 125A

125A Annual charges for stormwater management services

(1) For the purposes of section 496A of the Act, a council may make or levy an annual charge for stormwater management services only in respect of urban land that is categorised for rating purposes as residential or business.

Note: Part 3 of Chapter 15 of the Act allows a council to categorise each parcel of land within its area.

(2) A council may not make or levy an annual charge for the provision of stormwater management services in respect of a parcel of land if:

(a) the parcel of land is vacant land, or

(b) the parcel of land is subject to a special rate or charge that has been made for or towards meeting the cost of any works, services, facilities or activities the primary purpose of which is the provision of stormwater management services.

(3) A council may not make or levy an annual charge for the provision of stormwater management services if the council has received an instrument from the Minister under section 508 or 508A of the Act which specifies the percentage by which the council may vary its income and the instrument imposes a condition with respect to that variation to the effect that the primary purpose of the variation is to fund stormwater management services.

(4) A council may not make or levy an annual charge for the provision of stormwater management services for a parcel of land that exceeds:

(a) if the anticipated cost of providing stormwater management services to the parcel of rateable land is less than the maximum annual charge in respect of the parcel of rateable land-the anticipated cost, or

(b) if the anticipated cost referred to in paragraph (a) is equal to or greater than the maximum annual charge in respect of the parcel of rateable land-the maximum annual charge for the parcel of rateable land.

(5) In this clause:
"maximum annual charge", in respect of a parcel of land, means the maximum annual charge that may be made or levied by a council in respect of the parcel of rateable land in accordance with clause 125AA.
"urban land" means land within a city, town or village.