Revenue Policy - Fees and Charges
Each year Council is required to determine fees and charges for services it provides.
The fees and charges are made up of fees provided under relevant Acts, fees determined by Council and also recommendations from the Local Government and Shires Associations of NSW.
Section 608 (1) of the Local Government Act 1993, provides that
“...a Council may charge and recover an approved fee for any service it provides...”
Subsection 2 describes the services for which an approved fee may be charged.
- Supplying a service, product or commodity.
- Giving information.
- Providing a service in connection with the exercise of a Council’s regulatory functions - including receiving an application for approval, granting an approval, making an inspection or issuing a certificate.
- Allowing admission to any building or enclosure.
How does Council determine the amount of a fee for a service?
Section 609(1) provides
“...a Council, if it determines the amount of an approved fee for a service, must take into consideration the following factors:
- the cost to the Council of providing the service.
- the price suggested for that service by any relevant industry body or in any schedule of charges published, from time to time, by the Department.
- the importance of the service to the community.
- any factors specified in the regulations.”
Section 609(2) states
“...that the cost to the Council of providing a service in connection with the exercise of a regulatory function need not be the only basis for determining the approved fee for that service”. Further “a higher fee or an additional fee may be charged for an expedited service provided, for example, in a case of urgency”.
Section 610. Effect of other Acts.
“(1) If the amount of a fee for a service is determined under another Act:
- a Council may not determine an amount that is inconsistent with the amount determined under the other Act, and
- a Council may not charge a fee in addition to the amount determined under the other Act.”
“(2) If the charging of a fee for a service is prohibited under another Act, a Council must not charge a fee for the service under this Act.”
Charges under Sections 501 and 502, Local Government Act 1993
Charges referred to in these sections relating to Water, Sewerage, Drainage and Waste Management are detailed in the Rating Policy.