Prefabricated Buildings Pty Ltd v Bathurst Regional Council [2017] NSWLEC 44

Prefabricated Buildings Pty Ltd v Bathurst Regional Council [2017] NSWLEC 44

Sections 501 and 502 of the Local Government Act 1993 (NSW) allow councils to levy separate charges based on both availability and actual use of services. There is no legislative requirement that councils may only charge according to actual use, and nothing in the Act prohibits the imposition of annual charges for services based on their availability. The use of 'may' in s 502 does not restrict but rather permits an additional or parallel method of charging for services. Therefore, the Council's levy of Availability Charges was lawful.

Jurisdiction
Australia
Judgment Date
24 April 2017
Procedural Posture
Appeal / Judgment
Outcome
Application dismissed
Legal Topics
['statutory Interpretation' 'local Government Act 1993 (nsw) – Charges for Services' 'taxation by Local Government' 'water and Sewerage Charges']
['administrative Law' 'local Government Law'] ['statutory Interpretation' 'local Government Act 1993 (nsw) – Charges for Services' 'taxation by Local Government' 'water and Sewerage Charges']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether under the Local Government Act 1993 (NSW), a council can lawfully impose charges for services based on availability, or only for actual use.' 'Whether s 502 of the Act confines s 501 so that annual charges may only be imposed according to actual use.']

Ratio Decidendi

Sections 501 and 502 of the Local Government Act 1993 (NSW) allow councils to levy separate charges based on both availability and actual use of services. There is no legislative requirement that councils may only charge according to actual use, and nothing in the Act prohibits the imposition of annual charges for services based on their availability. The use of 'may' in s 502 does not restrict but rather permits an additional or parallel method of charging for services. Therefore, the Council's levy of Availability Charges was lawful.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed']