Appealing an infrastructure charge notice
From time to time, the decision by the City of Gold Coast to give an infrastructure charge notice is appealed by the recipient of the notice.
In Queensland, disputes arising from infrastructure charges are dealt with by either the Planning and Environment Court or a tribunal.
Infrastructure charge notice appeals may be made only on one or more of the following grounds:
- the charge in the notice is so unreasonable that no reasonable relevant local government could have imposed it;
- the decision involved an error relating to:
- the application of the relevant adopted charge; or
- the working out, for section 120 of the Planning Act 2016, of extra demand; or
- an offset or refund;
- there was no decision about an offset or refund
- if the infrastructure charge notice states a refund will be given – the timing for giving the refund.
An appeal must not be about:
- the adopted charge itself; or
- for a decision about an offset or refund –
- the establishment cost of infrastructure identified in an LGIP; or
- the cost of infrastructure decided using the method included in the local government's charges resolution.
Forms for use for Planning and Environment Court matters are available from the Courts’ forms webpage, including the Notice of Appeal, Notice of Election, Notice to Co-respond and Party Search.
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