[Linda Fury]

Wollongong Council have a 19 lot Strata subdivision and on their Development Consent it states that the normal 120 litre bins & recycling service is not to be provided as there is no room on the footpath to be able to accommodate them on collection days. They have engaged a private contractor to collect the larger industrial bins.

Section 496 states:
496 Making and levying of annual charges for domestic waste management services
(1) A council must make and levy an annual charge for the provision of domestic waste management services for each parcel of rateable land for which the service is available.

Wollongong Council doesn’t have an “Availability Charge” (as yet) only the stock standard 80, 120 & 240 litre bins – nor can we charge them a vacant land charge as the property isn’t vacant.

The charge is “Available” as the garbage truck services properties either side of this development.

Is Council correct in charging the minimum 80 litre charge?? Can you also define the work “Available” in this instance.

[Robert Hay]

Hi Linda

By not providing the bins under the Development Consent, I would say that Council has effectively made the 120 litre service unavailable.

I’d be interested in other peoples opinions.

Robert

[Ken Bakon]

Linda,
Agree with Rob’s assessment. If the bin supply is by Council under normal circumstances, and Council does not supply the bins, how can the service be available?
This type of situation will probably occur more in the future as Council’s appear to be heading down the path of approving developments without the normal waste disposal requirements.

Ken

[David Grima]

We split up our waste fee into two fee – one an availability charge (currently $112.00) and one for the bin service itself (currently $331.00). The availability charge is levied under s496 and used to fund quarterly clean ups (primarily) but other things like the annual waste calendars & recycling leaflets provided. All residential assessments are levied this charge irrespective of whether they use our waste service (as some larger scale developments are being allowed to use another provider).

[Simone Fisher]

Hi Linda. I had two examples of this when I was at Auburn. The DA consents had conditions that the units could not use Councils waste service due to space restrictions & they had to engage their own contractor. No waste or availability charge was levied for these units due to the DA consents making Council’s waste service unavailable to the units. One of the unit blocks had several hundred units so was picked up by our auditors one year. They did a review & agreed that we could not levy a charge due to the DA conditions.
Simone

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