7Conditions applying to infrastructure charges and planning and management charges

7 Conditions applying to infrastructure charges and planning and management charges

Charges must be in accordance with, or exempt from appearing in, a schedule of charges (1) A person must not levy an infrastructure charge or a planning and management charge unless the charge is: (a) specified, for the circumstances in which it is levied, in a schedule of charges that is in effect for the person at the relevant time; or (b) covered by subrule 11(7) (which deals with certain infrastructure charges).

Civil penalty: 200 penalty units.

Relevant time (2) For an infrastructure charge, the relevant time is the time when the infrastructure services that gave rise to the charge were provided. (3) For a planning and management charge, the relevant time is the time when the circumstances set out in the schedule of charges for incurring the charge are met. Effect of retrospective provisions in a schedule of charges (4) Paragraph (1)(a) is taken to be satisfied if: (a) the charge is specified in a schedule of charges that came into effect for the person later than the relevant time; and (b) the charge is specified as applying at the relevant time.

Note: Retrospective application of charges may occur if subrule 11(3) or (4) or 12(3) applies.