sec.116BMaking and levying charge

sec.116B Making and levying charge

Subsection (2) applies if MEDQ incurs, or reasonably expects to incur, an expense for the provision of infrastructure in relation to land in a charge area. MEDQ may, by instrument (the authorising instrument ), make and levy on owners of rateable land in the charge area a charge (an infrastructure expenses recoupment charge ) on the rateable land to recoup, or provide for payment of, the expense. However, subsection (2) does not apply if— the infrastructure is a facility or service for which a special rate or charge has been made and levied; or the expense is recouped or provision is made for payment of the expense, other than by levying the charge. Subsection (2) is taken to have been complied with if the charge is made and levied on— all rateable land that, at the time of making and levying the charge, could reasonably be identified as land on which the charge may be made and levied; or all rateable land on which the charge may be made and levied, other than land accidentally omitted. To remove any doubt, it is declared that subsection (2) applies even if MEDQ incurred, or reasonably expected to incur, the expense for the provision of infrastructure in relation to the land before the land was in a charge area. s 116B ins 2014 No. 40 s 17 (sec.116B-ssec.1) Subsection (2) applies if MEDQ incurs, or reasonably expects to incur, an expense for the provision of infrastructure in relation to land in a charge area. (sec.116B-ssec.2) MEDQ may, by instrument (the authorising instrument ), make and levy on owners of rateable land in the charge area a charge (an infrastructure expenses recoupment charge ) on the rateable land to recoup, or provide for payment of, the expense. (sec.116B-ssec.3) However, subsection (2) does not apply if— the infrastructure is a facility or service for which a special rate or charge has been made and levied; or the expense is recouped or provision is made for payment of the expense, other than by levying the charge. (sec.116B-ssec.4) Subsection (2) is taken to have been complied with if the charge is made and levied on— all rateable land that, at the time of making and levying the charge, could reasonably be identified as land on which the charge may be made and levied; or all rateable land on which the charge may be made and levied, other than land accidentally omitted. (sec.116B-ssec.5) To remove any doubt, it is declared that subsection (2) applies even if MEDQ incurred, or reasonably expected to incur, the expense for the provision of infrastructure in relation to the land before the land was in a charge area.

• (a) the infrastructure is a facility or service for which a special rate or charge has been made and levied; or
• (b) the expense is recouped or provision is made for payment of the expense, other than by levying the charge.
• (a) all rateable land that, at the time of making and levying the charge, could reasonably be identified as land on which the charge may be made and levied; or