mercy health and aged care central qld ltd c/- rps po box 1895 · guidelines – soil and water...

OUR REF:.DA-2011-154/A

6 February 2012 Mercy Health and Aged Care Central QLD Ltd C/- RPS PO Box 1895 MACKAY QLD 4740 Dear Sir/Madam COMPILED DECISION NOTICE Applicant: Mercy Health and Aged Care Central QLD Ltd Proposal: Request to Change Plan of Development -

Educational Establishment Application Number: DA-2011-154/A Address: Lot 202 Mercy Drive, NORTH MACKAY QLD

4740 Property Description: Lot 202 on SP192062

Your request for a Change of Conditions, lodged on 25th November 2011, was considered by Council’s Manager Development Assessment under section 369 of the Sustainable Planning Act. Acting under delegated authority on the 6th February 2012, your request was approved and a Compiled Decision Notice has been prepared in this instance as a courtesy. The following amendments have been made to the original Conditions of Approval: 1. Plan of Development

The approved Extension to Existing Use – Educational Establishment development must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval. Project Number

Drawing Number

REV Prepared by Date

09503 DD01 5 Mode Design 19/05/2011 09503 DD-02 3 Mode Design 19/05/2011 09503 DD-100 6 Mode Design 19/05/2011 09503 DD-102 4 Mode Design 19/05/2011

This is a Mackay Regional Council digitally signed document.

09503 DD-101 6 Mode Design 19/05/2011 09503 DD-200 4 Mode Design 19/05/2011 09503 DD2003-DW 2 Mode Design 19/05/2011 09503 DD-2003DN 2 Mode Design 19/05/2011 09503 DD-2003DE 2 Mode Design 19/05/2011 09503 DD-2003DS 2 Mode Design 19/05/2011 09503 DD-2003SW 2 Mode Design 19/05/2011 09503 DD-2003DNW 2 Mode Design 19/05/2011 09503 DD-2003DA 2 Mode Design 19/05/2011 09503 DD-250 4 Mode Design 19/05/2011

The approved Request to Change Plan of Development - Educational Establishment (Extension to Existing Use) development must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Project Number

Drawing Number

ISSUE Prepared by Date

09503BNE Location Plan-SK-001 3 Mode Design 01-06-11 09503BNE Site Plan-SK-002 4 Mode Design 01-06-11 09503BNE Floor Plan/Fitout

Plan/Ground Floor-SK-100 9 Mode Design 01-06-11

09503BNE Floor Plan/Fitout Plan/First Floor SK-101

10 Mode Design 01-06-11

09503BNE Building Elevations (East & West)-SK-200


09503BNE Building Elevations (North & South) SK-201


1A. Amended Plans Required

Prior to the lodgement of the Building Works application the approved plans of development must be amended to comply with the following matters: The proposed decks on the first floor area either be removed or incorporated into

the lecture rooms; or The proposed decks on the first floor must be designed to prevent overlooking of

more than 50% of the private open space of a lower level dwelling below; or The plan of development, for the first floor, must be amended to relocate the decks

to the western side of the building.


The amended plans of development must be submitted to Council for written approval prior to the lodgement of the Building Works application.

5. Floor Level

The minimum habitable floor level of the proposed development must be the higher of: 300mm above the top of existing kerb 300mm above the crown of the road within the adjoining carpark. 225mm above ground level a level which allows the connection of all sanitary fixtures to the designated sewer

connection point by means of sanitary drainage which complies with AS3500

The floor level must consider the visual impact of the development on the adjoining residential properties. The floor level proposed in the application is to be reviewed and verified from a site survey which must be submitted with the Operational Works application. The minimum habitable floor level of the proposed development must be the higher of:- RL 9.8 as shown on the plan of development. 225mm above ground level a level which allows the connection of all sanitary fixtures to the designated sewer


The floor level must consider the visual impact of the development on the adjoining residential properties. The floor level proposed in the application is to be verified from a site survey and submitted to Council for separate written approval prior to the issue of a permit for building works.

7. Existing Car Parking and Lighting of Car Park areas

Existing carparking spaces adjacent to the development are to be linemarked at the completion of the building works. Wheelstops are to be provided as required.

Existing carpark lighting is to be modified to suit the new building footprint and new lighting provided to the requirements of AS/NZS 1158-Lighting for roads and public spaces and AS4282- Control of obtrusive effects of outdoor lighting.

8. Use of Carparking areas

The areas set aside for parking, vehicle manoeuvring and loading and unloading, must not be used for the storage or placement of goods or materials.


9. Access

Access from the carpark into the building must comply with AS1428 –Design for access and mobility. Access into the building must comply with AS1428 –Design for access and

mobility.

Existing concrete pathways within the vicinity of the new building are to be relocated and reconstructed to provide connectivity through the site.

10. Landscape Plan Required

A detailed site landscaping plan must be prepared by a qualified Landscape Designer and must be submitted with Operational Works Approval application. The plan must show for all areas identified on the approved plan of development the following:

Landscape specification of sufficient detail so that landscape works are to be carried out;

Plant schedule detailing number of plants, species, pot size and height at planting;

Details of soil and mulch types, including depths, areas of turf, garden edges and paving finishes;

the details of the irrigation system. A detailed site and footpath landscaping plan must be prepared by a qualified Landscape Designer and must be submitted to Council for separate approval. The plan must show for all areas identified on the approved plan of development the following: Landscape specification of sufficient detail so that landscape works are to be

carried out; Plant schedule detailing number of plants, species, pot size and height at planting; Details of soil and mulch types, including depths, areas of turf, garden edges and

paving finishes;

the details of the irrigation system. Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping.

11. Protection of Landscape areas from Carparking

The landscaped areas adjoining the car parking area must be protected from vehicles by a 125 mm high vertical concrete kerb or similar obstruction.


20. Stormwater Drainage

Stormwater from the site (including roofwater) shall be collected and discharged via an underground system to the existing internal drainage system. The development will increase the impervious area of the site and hence stormwater runoff.

The adequacy of the existing stormwater system is to be verified with the Operational Works submission. If the existing the stormwater system does not have the capacity to accept the additional flow, on site detention is to be provided. Modifications to the alignment of the existing stormwater drainage system is to be documented with the Operational Works application.

Stormwater from the site (roofwater) shall be collected and discharged via an

underground system to the existing internal drainage system adjacent to the southern end of the existing maintenance building.

The development will increase the impervious area of the site and hence

stormwater runoff.

Onsite detention by way of rainwater tanks is to be provided to attenuate the runoff to the pre-developed state.

Runoff from the adjoining grassed areas is to be catered for as part of the development.

22. Site Based Stormwater Management Plan – Low Risk

Council’s Stormwater Quality Risk Classification has classified this development as ‘Low Risk’. Stormwater Quality Best Management Practices (SQBMP) must be developed and implemented in accordance with Mackay City Council’s Engineering Design Guidelines – Soil and Water Quality Management – Planning Scheme Policy No.15.07.

24. Existing Services Water and Sewer

The proposed development must connect to the existing reticulated water and sewer services provided to the subject site.

The adequacy of the existing water and sewerage system to service the development is to be verified with the Operational works application. Any upgrading works identified are to be undertaken at no cost to Council.

Connection points are to be documented with the Operational Works application.


The proposed development must connect to the existing reticulated water and sewer services within the Hospital site.

25. Sewers Policy

All building work is to comply with Council’s Policy MW02 – “Building Over and Adjacent to Sewers”.

26. Live Connections

Mackay Water is to carry out all water connection and live sewer work at the developer’s expense.

Please find enclosed the above Compiled Decision Notice with the relevant attachments:

Compiled Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights Notice to commence Use Adopted Infrastructure Charge Notice If you require any further information please contact Josephine McCann


COMPILED DECISION NOTICE Sustainable Planning Act

Application Number: DA-2011-154/A

Date of Decision: 6th February 2012

1. APPLICANT/S DETAILS

Name: Mercy Health and Aged Care Central QLD Ltd

Postal Address: C/- RPS

PO Box 1895

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: Lot 202 Mercy Drive, NORTH MACKAY QLD 4740

Property Description: Lot 202 on SP192062

3. OWNER’S DETAILS

Corporation of The Sisters of Mercy

4. PROPOSAL

Request to Change Plan of Development - Educational Establishment

5. DECISION TYPE

DEVELOPMENT DECISION

Material Change of Use Development Permit

Pursuant to the Mackay City Planning Scheme

Approved in Full subject to Conditions



6. ASSESSMENT MANAGER’S CONDITIONS

The following conditions have been changed: Conditions Number 1,5, 9, 10,16, 20, 24 have been amended Condition Number 1A has been added Conditions Number 7, 11, 22, 25, 26 have been deleted.

All remaining conditions remain unchanged as per Negotiated Decision Notice. The conditions for this Compiled Decision Notice are attached.

7. IDAS REFERRAL AGENCIES

Advice Agencies Department of Environment and Resource Management

Permit and Licence Management Implementation and Support Unit GPO Box 2454 BRISBANE QLD 4000

Concurrence Agencies Department of Transport and Main Roads

PO Box 62 MACKAY QLD 4740

8. SUBMISSIONS

There were no properly made submissions received on this application.

9. PLANNING SCHEME

This approval is issued under the Mackay City Planning Scheme.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER DEVELOPMENT PERMITS REQUIRED

Building Works - Development Permit Plumbing and Drainage Works - Compliance Permit

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

13. CURRENCY PERIOD

The standard relevant period states in Section 341 of the Sustainable Planning Act apply to each aspect of development in this approval, if not stated in the conditions of approval attached.



14. APPEALS

Attached is an extract from the Sustainable Planning Act which details your appeal rights and the appeal rights of any submitters regarding this decision.

15. ASSESSMENT MANAGER SIGNATURE

Name Shane Kleve

Position Principal Planner

Signature Date


shane

Typewritten Text

7/02/2012

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2011-154/A Applicant’s Name: Mercy Health and Aged Care Central QLD Ltd

Decision Date: 6th February 2012

Page 1 of 6

1. Plan of Development - Amended

The approved Request to Change Plan of Development - Educational Establishment (Extension to Existing Use) development must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Project Number

Drawing Number

ISSUE Prepared by Date

09503BNE Location Plan-SK-001 3 Mode Design 01-06-11 09503BNE Site Plan-SK-002 4 Mode Design 01-06-11 09503BNE Floor Plan/Fitout

Plan/Ground Floor-SK-100 9 Mode Design 01-06-11

09503BNE Floor Plan/Fitout Plan/First Floor SK-101


09503BNE Building Elevations (East & West)-SK-200


09503BNE Building Elevations (North & South) SK-201


1A. Amended Plans Required – New Condition

Prior to the lodgement of the Building Works application the approved plans of development must be amended to comply with the following matters: The proposed decks must either be removed or incorporated into the lecture rooms;

or The proposed decks must be designed to prevent overlooking of more than 50% of

the private open space of a lower level dwelling below; or The plans of development must be amended to relocate the decks to the western

side of the building. The amended plans of development must be submitted to Council for written approval prior to the lodgement of the Building Works application.

2. Compliance with conditions

All conditions must be complied with prior to the commencement of the use on the subject site, unless specified in an individual condition.

3. Maintenance of Development

Maintain the approved development (including landscaping, carparking, driveways and other external spaces) in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.




Page 2 of 6

4. Conflict between plans and written conditions

Where a discrepancy or conflict exists between the written condition(s) of the approval and the approved plans, the requirements of the written condition(s) will prevail.

5. Floor Level - Amended

The minimum habitable floor level of the proposed development must be the higher of:-

RL 9.8 as shown on the plan of development.

225mm above ground level a level which allows the connection of all sanitary fixtures to the designated sewer


The floor level must consider the visual impact of the development on the adjoining residential properties. The floor level proposed in the application is to be verified from a site survey and submitted to Council for separate written approval prior to the issue of a permit for building works.

6. As Constructed Floor Levels

As constructed floor levels referenced to Australian Height Datum must be submitted prior to occupancy of the building.

7. Deleted 8. Deleted 9. Access - Amended

Access into the building must comply with AS1428 –Design for access and mobility.

Existing concrete pathways within the vicinity of the new building are to be relocated and reconstructed to provide connectivity through the site.

10. Landscape Plan Required – Amended

A detailed site and footpath landscaping plan must be prepared by a qualified Landscape Designer and must be submitted to Council for separate approval. The plan must show for all areas identified on the approved plan of development the following: Landscape specification of sufficient detail so that landscape works are to be carried

out; Plant schedule detailing number of plants, species, pot size and height at planting;




Page 3 of 6

Details of soil and mulch types, including depths, areas of turf, garden edges and paving finishes;

the details of the irrigation system. Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping.

11. Deleted 12. Completion of Landscaping

All of the landscaping works shown on the approved plan must be completed before the commencement of the use on the site.

13. Fencing

The existing acoustic screen fence of 1.8m high between the site and the adjoining residential allotments must remain or be repaired at the developer’s expense should any damage occur to the fencing during the construction of the Educational Establishment.

14. Waste Storage Area

The location and design of the waste storage area must be located so as not to cause a nuisance to neighbouring properties in accordance with the relevant provisions of the Environmental Protection Act and Regulations.

15. No Nuisance to adjoining properties

All service equipment, lighting and air-conditioning units shall be located so as not to cause a nuisance to neighbouring properties.

16. Outdoor Storage - Amended

The outdoor storage of any equipment or material and any service area shall be aesthetically screened.

17. Damage

Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.




Page 4 of 6

18. Compliance with Council Standards

All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard drawings and standard specifications.

19. Electricity and Telecommunications Services

The approved development must be provided with electricity and telecommunications infrastructure.

20. Stormwater Drainage - Amended

Stormwater from the site (roofwater) shall be collected and discharged via an underground system to the existing internal drainage system adjacent to the southern end of the existing maintenance building.

The development will increase the impervious area of the site and hence

stormwater runoff. Onsite detention by way of rainwater tanks is to be provided to attenuate the runoff

to the pre-developed state. Runoff from the adjoining grassed areas is to be catered for as part of the

development.

21. Ponding and Diversion of Stormwater

Ponding of stormwater resulting from the development must not occur on adjacent sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining.

22. Deleted 23. Direct Pumping from Mackay Water’s Reticulation System (Break Tanks)

Pumping direct from Council water mains for potable or fire fighting supply is not permitted and, if required break tanks shall be installed in accordance with Council’s Water and Waste Services Department and Fire Authority requirements.

24. Existing Services Water and Sewer - Amended

The proposed development must connect to the existing reticulated water and sewer services within the Hospital site.




Page 5 of 6

25. Deleted 26. Deleted ASSESSMENT MANAGER’S ADVICE

1. Carparking

It is noted in Council’s records that no additional carparking spaces for this Educational Establishment has been provided, by the developer, in compliance with the requirements under the Mackay City Planning Scheme – Schedule 2 Vehicle Parking, Access and Manoeuvring Standards. The developer will be required to provide, upon any further development/extension of any further use on the subject site, a minimum of 5 carparking spaces in lieu of this Educational Establishment.

2. Local Laws

The approved development must also comply with Council’s Local Laws under the Local Government Act 1993 from time and other controls.

3. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

4. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Section 319 General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

5. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.




Page 6 of 6

6. Noise during Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.

7. General Safety of Public during Construction

It is the principal contractor’s responsibility to ensure compliance with Section 31 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace.

It is the responsibility of the person in control of the workplace to ensure compliance with Section 30 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the person in control of the workplace is obliged to ensure there is appropriate, safe access to and from the workplace for persons other than the person’s workers.

8. Contaminated Land

It is strictly the applicant/owner’s responsibility to source information regarding contaminated land from the Department of Environment and Resource Management, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land.

9. Amended Adopted Infrastructure Charges Notice

Pursuant to the Sustainable Planning Act 2009 and the Draft State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and is attached.

Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.



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Amendment Required

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Manual DA & Date

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Manual DA & Date


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Amendment Required

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Manual DA & Date


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Amendment Required

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Amendment Required

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Manual DA & Date


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Amendment Required

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Manual DA & Date


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court:

465 Appeals about decisions relating to extensions for approvals

(1) For a development approval given for a development application, a person to whom a notice

is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the decision is

given to the person. (3) Also, a person who has made a request under section 383 may appeal to the court against a

deemed refusal of the request. (4) An appeal under subsection (3) may be started at any time after the last day the decision on

the matter should have been made.

466 Appeals about decisions relating to permissible changes

(1) For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—

(a) if the responsible entity for making the change is the assessment manager for the

application— (i) the person who made the request; or (ii) an entity that gave a notice under section 373 or a pre-request response notice

about the request;

(b) if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.

(2) The appeal must be started within 20 business days after the day the person is given notice

of the decision on the request under section 376.

(3) Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at any time after the last day the decision on

the matter should have been made.

467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency

(1) A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a

condition of a development approval has been given may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the decision is

given to the person.



NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2011-154/A

Date of Approval 06-Feb-2012

Approved Request to Change Plan of Development - Educational Establishment

Location L 202 Mercy Drive, NORTH MACKAY QLD 4740

Property Description L202/SP192062 I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Mercy Health and Aged Care Central QLD Ltd Address: C/- RPS, PO Box 1895, MACKAY QLD 4740 _________________________________________ Signature of Applicant Date: ______________


ADOPTED INFRASTRUCTURE CHARGES NOTICE Sustainable Planning Act 2009 and Local Government Act 2009

To: Mercy Health and Aged Care

Central QLD Ltd C/- RPS

PO Box 1895 MACKAY QLD 4740

Ref Number: DA-2011-154/A

LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES Planning Scheme: Mackay City Planning Scheme Lot & Plan Number: Lot 202 on SP192062 Property Address: L 202 Mercy Drive, NORTH MACKAY QLD 4740 DEVELOPMENT TO WHICH THE ADOPTED INFRASTRUCTURE CHARGE APPLIES The adopted infrastructure charge applies to the following development type: Request to Change Plan of Development - Educational Establishment (Extension to Existing Use). AMOUNT OF THE ADOPTED INFRASTRUCTURE CHARGE The adopted infrastructure charge has been calculated in accordance with an adopted infrastructure charges resolution under the Sustainable Planning Act 2009.

NET CHARGE AMOUNT – $124,737.50 + annual adjustments and/or reviews

CHARGE CALCULATION

Charge Category Adopted

Infrastructure Charge

Demand Units No. of

Demand Units

Charge Amount

Educational Facility $140

M2 Gross Floor Area (GFA)

847 $118,580.00

$10 M2 Impervious Area 615.75 $6,157.50 Gross Charge Amount Total $124,737.50

NET CHARGE SUMMARY

Gross Charge Amount Applied Credit Amount Net Charge Amount

$124,737.50 $0.00 $124,737.50 ADJUSTMENTS TO THE CHARGE The amount of the adopted infrastructure charge is subject to escalation in accordance with relevant legislation from the date of the notice to the date of payment. DUE DATE FOR PAYMENT Payment of the total charge must be made before the change happens if the charge applies to a Material Change of Use.


PAYMENT DETAILS Payment of the Adopted Infrastructure Charges must be made to Mackay Regional Council via the Development Services, Business Support Unit. Please contact Mackay Regional Council, prior to making payment to confirm details. Phone: (07) 4961 9098 or e-mail [email protected] Payment can be made at:

42 Wellington Street, Mackay cheque to PO Box 41. Mackay, QLD 4740

or credit card

GOODS AND SERVICES TAX The federal government has determined that rates and utility charges levied by local government will be GST free. Accordingly, no GST is included in this infrastructure charges notice. FAILURE TO PAY CHARGE An adopted infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate within the meaning of the Local Government Act 2009. Compound annual interest at 11% calculated daily is to be applied on an overdue charge. This notice will lapse if the development approval stops having effect. APPEAL RIGHTS Attached is an extract from the Sustainable Planning Act 2009 which details the appeal rights in relation to this notice (sections 478, 535 and 675 to 680). ENQUIRIES Enquiries regarding this Adopted Infrastructure Charge Notice should be directed to the Development Services, Business Support Unit on phone: (07) 4961 9098 or e-mail [email protected] John Caldwell Manager Development Assessment

Date of Issue:


jhc

Typewritten Text

8/2/2012

Chapter 7 Appeals, offences and enforcement – Part 1 Planning and Environment Court – Division 10 Appeals to court about other matters Section 478 Appeals about particular charges for infrastructure (1) This section applies to a person who has been given, and is dissatisfied with—

(a) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice; or

(b) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice

(2) The person may appeal to the court against the notice. (3) An appeal against a notice mentioned in subsection (1) must be started within 20 business days after the day the notice is given to the person. (4) An appeal under this section may only be about—

(a) whether a charge in the notice is so unreasonable that no reasonable relevant local government, State infrastructure provider or coordinating agency could have imposed it; or

(b) an error in the calculation of the charge. (5) To remove any doubt, it is declared that an appeal under this section cannot be about the methodology used to establish an adopted infrastructure charge or

the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.

Chapter 7 Appeals, offences and enforcement – Part 2 Building & development dispute resolution committees - Division 7 Appeals about particular charges 535 Appeals about charges for infrastructure (1) This section applies to a person who—

(a) has been given— (i) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure

charges notice; or (ii) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or

negotiated regulated State infrastructure charges notice; and (b) is dissatisfied with the calculation of a charge in the notice.

(2) The person may appeal to a building and development committee about an error in the calculation of the charge. (3) An appeal about a notice mentioned in subsection (1)(a) must be started within 20 business days after the day the notice is given to the person. (4) To remove any doubt, it is declared that an appeal under this section can not be about the methodology used to establish an adopted infrastructure charge or

the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.

Chapter 8 Infrastructure – Part 4 Changing notices 675 Definition for pt 4 In this part – relevant appeal period, for a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice, means the period within which the person may appeal against the notice to the court or a building and development committee under section 478 or 535. 676 Application of pt 4 This part applies to a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice only during the person’s relevant appeal period. 677 Representations about notice The person may make representations about the notice to the entity that gave the notice. 678 Consideration of representations The entity that gave the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice must consider any representations made to the entity under section 677. 679 Decision about representations (1) If the entity agrees with any of the representations, the entity must give to the person—

(a) for representations about an infrastructure charges notice—a new infrastructure charges notice (the negotiated infrastructure charges notice); or (b) for representations about a regulated infrastructure charges notice—a new regulated infrastructure charges notice (the negotiated regulated

infrastructure charges notice); or (c) for representations about an adopted infrastructure charges notice—a new adopted infrastructure charges notice (the negotiated adopted

infrastructure charges notice); or (d) for representations about a regulated State infrastructure charges notice—a new regulated State infrastructure charges notice (the negotiated

regulated State infrastructure charges notice). (2) The entity may give only 1 negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure

charges notice or negotiated regulated State infrastructure charges notice. (3) The negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or

negotiated regulated State infrastructure charges notice— (a) must be given within 5 business days after the day the entity agrees with the representations; and (b) must be in the same form as the notice previously given; and (c) must state the nature of the changes; and (d) replaces the notice previously given.

(4) If the entity does not agree with any of the representations, the entity must, within 5 business days after the day the entity decides not to agree with any of the representations, give a written notice to the person stating the decision about the representations.

680 Suspension of relevant appeal period (1) If the person given the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State

infrastructure charges notice needs more time to make the written representations, the person may, by written notice given to the entity that gave the notice, suspend the person’s relevant appeal period.

(2) The person may act under subsection (1) only once. (3) If the written representations are not made within 20 business days after the day written notice was given to the entity, the balance of the person’s relevant

appeal period restarts. (4) If the written representations are made within 20 business days after the day written notice was given to the entity—

(a) if the person gives the entity a notice withdrawing the notice under subsection (1)—the balance of the person’s relevant appeal period restarts the day after the entity receives the notice of withdrawal; or

(b) if the entity gives the person a notice under section 679(4)—the balance of the person’s relevant appeal period restarts the day after the person receives the notice; or

(c) if the entity gives the person a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice (the negotiated notice)—the person’s relevant appeal period starts again the day after the person receives the negotiated notice.


mercy health and aged care central qld ltd c/- rps po box 1895 · guidelines – soil and water...

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