Queensland Consolidated Acts Queensland Consolidated Acts(1) The council may make and levy a utility charge on--
(a) any land, whether vacant or occupied, and whether or not it is rateable land; or
(b) a structure.
(2) A utility charge may be for--
(a) supplying water, gas or sewerage services; or
(b) supplying cleansing services for occupied land or a structure.
(3) The council may, under section 57, make and levy a utility charge for supplying water or sewerage services before construction of the facilities for supplying the services is completed.
(4) A utility charge may be made and levied on the bases the council considers appropriate.
(5) Without limiting subsection (4), the amounts of utility charges may differ on the basis of--
(a) the use made of particular land, or a particular structure or a class of land or structure; or
(b) the unimproved value of particular land; or
(c) any other circumstances peculiar to the supply of the relevant service to particular land, a particular structure or a class of land or structure.
(6) To remove any doubt, it is declared that the council may make and levy a utility charge for a service whether or not the service is supplied by the council itself.
(7) The council may, and it is declared always could, do 1 or more of the following--
(a) make and levy a utility charge for services supplied or to be supplied during part of the financial year and part of another financial year;
(b) make and levy differing charges for services supplied or to be supplied during various periods in 1 or more financial years;
(c) in making and levying differing charges under paragraph (b), decide the way the charges are to be apportioned.
Examples of application of subsection (7)--
1 For water used between 30 April 1998 and 31 July 1998, the council may resolve to charge--
(a) for water used (as measured) during the period 30 April 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1997-1998 financial year; or
(b) for water used (as measured) during the period 30 April 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1998-1999 financial year; or
(c) for--
(i) water used (as measured) during the period 30 April 1998 to 30 June 1998 on the basis of the charge made at the budget meeting for the 1997-1998 financial year; and
(ii) water used (as measured) during the period 1 July 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1998-1999 financial year; or
(d) an apportioned charge for water used during the 2 periods (30 April 1998 to 30 June 1998 and 1 July 1998 to 31 July 1998) on the basis of--
(i) the total amount of water used (as measured) during the period 30 April 1998 to 31 July 1998--93 days--being apportioned to each period according to the respective lengths of the periods--62 days and 31 days respectively; or
(ii) another basis set out in the resolution.
2 The council may resolve to charge for water supplied between 1 July 1998 and 30 June 1999--
(a) for the period 1 July 1998 to 28 February 1999--a flat charge of $300 with an excess charge of $1 per kL of water used greater than 350kL; and
(b) for the period 1 March 1999 to 30 June 1999--an amount based on the actual consumption of water during the period.
(8) Despite subsection (7), the council must not for a financial year make and levy a utility charge for services supplied or to be supplied other than in that, the previous or the next financial year.
(9) Charges made and levied under a decision under subsection (7) are lawfully made and levied under this Act.
(10) Subsections (7) to (9) apply despite the reference in sections 48 and 49 to the making and levying of rates and charges for a financial year.
(11) If--
(a) a meter or other measuring device is to be read on a particular day for working out the amount of a charge to be levied by the council for a service; and
(b) the council resolves to apply this subsection to the reading of meters or other measuring devices;
it is taken to have been read on that day if it is read within a period of 2 weeks before or after that day.
Example for subsection (11)--
If the council resolves to apply this subsection to the supply of water that is to be charged on the basis of usage for a period ended 30 April and a meter is read on 10 May, that reading is taken to be the reading at 30 April for the purposes of working out the water usage during the period.
(12) Subsection (11) does not restrict the council's power to make local laws relating to other aspects of the administration of metered consumption for a utility service.
Example for subsection (12)--
A local law may be made to provide for water consumption to be estimated on the basis of the best information reasonably available if a water meter is found to be malfunctioning or inoperative during any period of consumption.