QLDIn ForceRegulation
Local Government Regulation 2012
sec.100Utility charges before facilities are constructed
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### sec.100 Utility charges before facilities are constructed
A local government may, in a financial year (the current financial year ), levy utility charges for supplying a water service or sewerage service before the facility for supplying the service has been constructed if—
the local government reasonably believes the service will be supplied in the next financial year; and
the local government—
has started constructing the facility; or
intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.
See, however, the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .
The utility charges are not invalid only because the service is not supplied in the next financial year for reasons beyond the local government’s control.
In this section—
sewerage service see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .
(sec.100-ssec.1) A local government may, in a financial year (the current financial year ), levy utility charges for supplying a water service or sewerage service before the facility for supplying the service has been constructed if— the local government reasonably believes the service will be supplied in the next financial year; and the local government— has started constructing the facility; or intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year. See, however, the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .
(sec.100-ssec.2) The utility charges are not invalid only because the service is not supplied in the next financial year for reasons beyond the local government’s control.
(sec.100-ssec.3) In this section— sewerage service see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .
- (a) the local government reasonably believes the service will be supplied in the next financial year; and
- (b) the local government— (i) has started constructing the facility; or (ii) intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.
- (i) has started constructing the facility; or
- (ii) intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.
- (i) has started constructing the facility; or
- (ii) intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.