12Requirements for a schedule of charges—other person

12 Requirements for a schedule of charges—other person

(1) A person, other than an infrastructure operator, who determines or levies planning and management charges, or on whose behalf such charges are collected, may adopt a schedule of charges that: (a) sets out the planning and management charges that may be levied, in accordance with this rule and rule 13; and (b) sets the date on which the schedule of charges comes into effect for the person who levies the charges, which must not be earlier than the date of adoption.

Note 1: In order for a person other than an infrastructure operator to levy a planning or management charge, the charge must be in a schedule of charges that is in effect for the person at the relevant time—see rule 7.

Note 2: To come into effect, a schedule of charges must be adopted in accordance with this rule and include the information set out in rule 13. It must be published in accordance with rule 15. It remains in effect until a replacement schedule comes into effect—see subrule 12(4).

Note 3: For paragraph (b), the date is set under item 4 of the table in rule 13.

When individual charges may apply (2) The period during which an individual charge in a schedule of charges applies (the charge application period for the charge) is the period that the schedule of charges is in effect for the person who levies the charge, unless a different charge application period is specified in the schedule of charges. Subject to subrule (3), the charge application period must not begin earlier than the date on which the schedule of charges comes into effect. (3) If: (a) the person who determines the charges: (i) is not the person who levies the charges; and (ii) is a State Agency; and (b) the determination of the charges includes provisions relating to the dates when the charges apply; any specification of the charge application period for the charge under subrule (2) must be in accordance with those provisions of the determination. Replacing one schedule with another (4) The schedule of charges ceases to be in effect for the person who levies the charges when another schedule of charges that has been adopted in accordance with this rule comes into effect for the person. Schedule must comply with rule 13 (5) The person who adopts the schedule of charges contravenes this subrule if the schedule of charges does not include: (a) the information specified in items 1 and 3 of the table in rule 13 in relation to each planning and management charge; and (b) the information specified in item 4 of that table.

Note: Section 12 of the Act limits the types of agencies of the Commonwealth or of a State that can be liable to be subject to civil proceedings for a civil penalty or given an infringement notice, and exempts the Crown entirely.