[Andrew Butcher]

Hi Srisa

Michelle has asked me this question directly, below is my response.

I would advise against it as the fee is not recoverable as a rate or charge on the rates and charges notice. Accordingly, you cannot include the fee on a 603 certificate or recover any unpaid amounts or seek a judgment for OSSM if raised on the rates and charges notice. Technically the ratepayer can choose to simply underpay the notice by the amount and you are left with a problem, although it is unlikely.

It is also important to note that penalty interest cannot be applied to any unpaid OSSM, plus the LGAct does not provide an instalment plan for fees, but it does for rates and charges.

The best thing to do is to give the landowners all the same payment options that you give for land rates (BPAY, phone internet card payments etc) and raise as tax invoice.

This comes up from time to time and the NSW Revenue Professionals continues to advocate for the legislation to be changed so OSSM fees and pool barrier fees can be legally included on the notice. I will raise it with the OLG at our next Executive Committee meeting.

The Enviro team is looking for an easy solution, and I agree where legal, but the fee would not be legally charged or would it be legally recoverable, so the people you are targeting are most likely to continue to be a problem in the future.

Also, you might want to point out page 4 the disclaimer the OLG (then DLG) has in bold red writing – ‘..the information is the departments view only and should not be relied upon in any legal proceedings. A council or other parties should be guided by their own legal advice.’

Its up to you in the end but important to be aware of these issues.

Regards,
Andrew