Opt In Domestic Waste Services

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  • #19128
    Susan Scott
    Participant

      Snowy Monaro Regional

      3 years ago our Waste Manager decided to introduce a new Waste Services route, but made it an ‘Opt In’ service (which, IMO, contravenes s.496 but of course what do I know, I’m only the rates clerk…pfft!) Last October, Council extended the Waste services to 3 of our Villages, with no Opt In option at all. (New Waste manager.) Now Waste is considering extending another route AND considering offering Opt In here as well. I have two questions: (1) Under what circumstances would Council be justified in charging some properties & not others for the DWM services (apart from physical inability to provide the service e.g. no access)? (2) Would Council be justified in offering Opt In to only some new or extended routes & not others? Your advice would be appreciated.

      #19130
      Simone Fisher
      Participant

        Wollondilly

        Hi Susan,

        My understanding of section 496(1) is that Council MUST levy a domestic waste management charge for every parcel of rateable land for which the service is available. Therefore here at Wollondilly even if a residential property opts not to use the service if it is available to them we advise them that we still must levy a charge.

        We do have several circumstances here where properties aren’t serviced by agreement. The usual circumstance for this is properties with limited access or located on a private road. The service is considered not to be available to these properties & no charge is levied. We also have a reduced vacant land charge for vacant land only but all other assessments are levied a full charge even if they don’t use the service.

        If we had an opt in service I doubt that we’d get it past our auditors. As the cost of providing waste services is spread between all properties liable for the service unless something is charged on assessments that have opted out it would effectively increase the cost of the service for all other properties who are correctly paying for waste services.

        Our waste area also added a new extended route here a few years back. Servicing (or at least charging) all properties on the new route was needed to justify it so all assessments on the new route have now been charged. They did give one year notice to residents to allow them time to end their contracts with other waste providers if they needed to though.

        Regards,
        Simone

        #19129
        Susan Scott
        Participant

          Snowy Monaro Regional

          Thanks Simone – that’s my understanding as well. I appreciate that for some of our out of town properties, access may not be available & that makes the service unavailable. For the majority of our properties we charge the DWM service much the same as Wollondilly. It’s just this one special ‘privileged’ route that bothers me. I don’t see how Council can offer an ‘Opt In’ service to a single select route & nowhere else. My own answers to my questions are 1. There are no such circumstances; & 2. There is no justification. However, I thought I should see if anyone else had any different understanding or legal precedent/knowledge that would justify our Waste depts. decisions. I would like to collate all the feedback/ information to assist in discussions to resolve this anomaly.

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