sec.99BRCJLevied charge

### sec.99BRCJ Levied charge A levied charge under an infrastructure charges notice for a water approval for premises may be for additional demand placed on trunk infrastructure that will be generated by the connection the subject of the approval (the approved connection ). In working out additional demand, any existing demand for a water service or wastewater service may be included if— the existing demand is not the subject of another water approval for the premises; or the existing demand is the subject of another water approval for the premises and an infrastructure requirement given or imposed in relation to the other water approval has not been complied with. Also, the demand on trunk infrastructure generated by a prescribed development or use may be included if— an infrastructure requirement given or imposed in relation to the prescribed development or use has not been complied with; or the prescribed development or use has not been carried out on the premises and either of the following apply— the approved connection is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out additional demand for another infrastructure requirement; The approved connection is for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development under the Planning Act . The approved connection is for the material change of use, and the use of the premises for the multiple dwelling. an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises. In this section— charges notice means— an infrastructure charges notice under this Act or the Planning Act ; or a notice mentioned in the repealed SPA , section 977 (1) . development see the Planning Act , schedule 2 . infrastructure requirement means a charges notice, a water approval condition or a condition of a development approval if the notice or condition requires infrastructure or a payment in relation to demand on infrastructure. prescribed development or use , in relation to the water approval mentioned in subsection (1) , means— development that may be carried out on the premises to which the water approval relates without a development permit under the Planning Act ; or accepted development under the Planning Act development that is the subject of a development approval for the premises; or an existing use of the premises that is lawful and is already being carried out on the premises; or a previous use of the premises that is no longer being carried out on the premises if the use was lawful when it was carried out; or another use of the premises that— is a natural and ordinary consequence of development mentioned in paragraph (a) or (b) ; or is or is taken to be a lawful use of the premises under the Planning Act or another Act. s 99BRCJ ins 2014 No. 36 s 45 amd 2014 No. 64 s 51D ; 2016 No. 27 s 484 sub 2025 No. 14 s 85N (sec.99BRCJ-ssec.1) A levied charge under an infrastructure charges notice for a water approval for premises may be for additional demand placed on trunk infrastructure that will be generated by the connection the subject of the approval (the approved connection ). (sec.99BRCJ-ssec.2) In working out additional demand, any existing demand for a water service or wastewater service may be included if— the existing demand is not the subject of another water approval for the premises; or the existing demand is the subject of another water approval for the premises and an infrastructure requirement given or imposed in relation to the other water approval has not been complied with. (sec.99BRCJ-ssec.3) Also, the demand on trunk infrastructure generated by a prescribed development or use may be included if— an infrastructure requirement given or imposed in relation to the prescribed development or use has not been complied with; or the prescribed development or use has not been carried out on the premises and either of the following apply— the approved connection is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out additional demand for another infrastructure requirement; The approved connection is for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development under the Planning Act . The approved connection is for the material change of use, and the use of the premises for the multiple dwelling. an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises. (sec.99BRCJ-ssec.4) In this section— charges notice means— an infrastructure charges notice under this Act or the Planning Act ; or a notice mentioned in the repealed SPA , section 977 (1) . development see the Planning Act , schedule 2 . infrastructure requirement means a charges notice, a water approval condition or a condition of a development approval if the notice or condition requires infrastructure or a payment in relation to demand on infrastructure. prescribed development or use , in relation to the water approval mentioned in subsection (1) , means— development that may be carried out on the premises to which the water approval relates without a development permit under the Planning Act ; or accepted development under the Planning Act development that is the subject of a development approval for the premises; or an existing use of the premises that is lawful and is already being carried out on the premises; or a previous use of the premises that is no longer being carried out on the premises if the use was lawful when it was carried out; or another use of the premises that— is a natural and ordinary consequence of development mentioned in paragraph (a) or (b) ; or is or is taken to be a lawful use of the premises under the Planning Act or another Act. - (a) the existing demand is not the subject of another water approval for the premises; or - (b) the existing demand is the subject of another water approval for the premises and an infrastructure requirement given or imposed in relation to the other water approval has not been complied with. - (a) an infrastructure requirement given or imposed in relation to the prescribed development or use has not been complied with; or - (b) the prescribed development or use has not been carried out on the premises and either of the following apply— (i) the approved connection is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out additional demand for another infrastructure requirement; Example of an approved connection that is for or relates to a prescribed development or use— The approved connection is for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development under the Planning Act . The approved connection is for the material change of use, and the use of the premises for the multiple dwelling. (ii) an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises. - (i) the approved connection is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out additional demand for another infrastructure requirement; Example of an approved connection that is for or relates to a prescribed development or use— The approved connection is for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development under the Planning Act . The approved connection is for the material change of use, and the use of the premises for the multiple dwelling. - (ii) an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises. - (i) the approved connection is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out additional demand for another infrastructure requirement; Example of an approved connection that is for or relates to a prescribed development or use— The approved connection is for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development under the Planning Act . The approved connection is for the material change of use, and the use of the premises for the multiple dwelling. - (ii) an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises. - (a) an infrastructure charges notice under this Act or the Planning Act ; or - (b) a notice mentioned in the repealed SPA , section 977 (1) . - (a) development that may be carried out on the premises to which the water approval relates without a development permit under the Planning Act ; or Example of development that may be carried out without a development permit under the Planning Act — accepted development under the Planning Act - (b) development that is the subject of a development approval for the premises; or - (c) an existing use of the premises that is lawful and is already being carried out on the premises; or - (d) a previous use of the premises that is no longer being carried out on the premises if the use was lawful when it was carried out; or - (e) another use of the premises that— (i) is a natural and ordinary consequence of development mentioned in paragraph (a) or (b) ; or (ii) is or is taken to be a lawful use of the premises under the Planning Act or another Act. - (i) is a natural and ordinary consequence of development mentioned in paragraph (a) or (b) ; or - (ii) is or is taken to be a lawful use of the premises under the Planning Act or another Act. - (i) is a natural and ordinary consequence of development mentioned in paragraph (a) or (b) ; or - (ii) is or is taken to be a lawful use of the premises under the Planning Act or another Act.