611Annual charge on rails, pipes etc

#### 611 Annual charge on rails, pipes etc 611 Annual charge on rails, pipes etc > > (1) A council may make an annual charge on the person for the time being in possession, occupation or enjoyment of a rail, pipe, wire, pole, cable, tunnel or structure laid, erected, suspended, constructed or placed on, under or over a public place. > > > (2) The annual charge may be made, levied and recovered in accordance with this Act as if it were a rate but is not to be regarded as a rate for the purposes of calculating a council’s general income under Part 2. > > > (3) The annual charge is to be based on the nature and extent of the benefit enjoyed by the person concerned. > > > (4) If a person is aggrieved by the amount of the annual charge, the person may appeal to the Land and Environment Court and that Court may determine the amount. > > > (5) A person dissatisfied with the decision of the Court as being erroneous in law may appeal to the Supreme Court in the manner provided for appeals from the Land and Environment Court. > > > (6) This section does not apply to— > > > > > (a) the Crown, or > > > > > (b) the Sydney Water Corporation, the Hunter Water Corporation, Water NSW or a water supply authority, or > > > > > (c) Rail Infrastructure Corporation, or > > > > > (d) the owner or operator of a light rail system (within the meaning of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109)), but only if the matter relates to the development or operation of that system and is not excluded by the regulations from the exemption conferred by this paragraph. > > **s 611:** Am 1994 No 88, Sch 7; 1996 No 56, Sch 2; 1996 No 128, Sch 2.1 (am 1997 No 55, Sch 2.22); 1997 No 61, Sch 1 \[31\]; 1998 No 145, Sch 5.10 \[1\] \[2\]; 2000 No 89, Sch 2.3 \[3\]; 2004 No 40, Sch 3.8 \[3\]; 2014 No 74, Sch 3.17 \[2\].