[David Grima]

Hi all,
Section 130 of the Regs states that:
“130 Additional circumstances in which rates or charges may be written off: the Act, section 607
The council may write off the whole or part of any stormwater management services charge or the interest accrued on any such charge if—
(a) in the opinion of the council, the ratepayer liable for the charge has demonstrated that the ratepayer has practised good stormwater management, or
(b) the person liable for the charge is an eligible pensioner.”
Does anyone write off (more exempt) a charge under this section?
If yes, how do you assess that a RP is practising “good stormwater management”?
I am assuming that any requests would be assessed by your engineers?
Our engineers here say that we shouldn’t offer this because we (meaning they) don’t have a process in place to determine any applications, but I disagree with that.
Thoughts or assistance would be appreciated.
Dave

[Cherie Muir]

Hi Dave,
If you don’t have a framework or policy that guides consistent discretionary decision-making here you may end up in an unintended tough space. I agree, the peeps who know stormwater (and how it runs off in major storm events) are the ones who should probably come up with the guidelines.
Does your Council have a stormwater management charge policy? Shoalhaven does, I’ll email you a copy.
Every Council is different of course. Personally, I’m always inclined to keep the gate fairly closed with Stormwater (if I can). It is a nominal charge (unless some huge business site). How much Admin do you want to wrap around a $25 charge? In most locations it can be argued that very few properties have completely adequate storage for stormwater run-off in a major stormwater event. Of course some will have fabulous set ups but most don’t. Somewhere water runs off their land and on to someone else’s land and likely into Council’s stormwater infrastructure at some point, and at $25 per year, best not to have administer and adjust fees.

[Andrew Butcher]

Hi Dave

I have been in contact with the OLG and received some advice, however the openness of the legislation and Regulations is to give councils flexibility in formulating an opinion on what ‘good stormwater management practices’ are.

The following is an extract from the guidelines, it gives some concept – ‘particularly relating to installation of rainwater tanks, prior to introduction..’ but not much more.

5.6 Discounts and rebates
The offering of discounts or rebates to owners of properties subject to the charge is at the discretion of each council. Discounts or rebates could be applied in circumstances including where:
• residents can demonstrate good stormwater management practice, particularly relating to installation of rainwater tanks, prior to introduction of the charge;
• pensioners are liable for the charge; or
• councils wish to encourage businesses to adopt improved stormwater management practices.
However, the mandatory concession that applies to ordinary rates, domestic waste management, water and sewerage charges does not apply to the stormwater management service charge.

I agree with Cherie, this one should be determined by the team responsible for the stormwater management function, with their expertise on what ‘good stormwater management practices’ are.

Hope this is helpful.

Regards,
Andrew

[David Grima]

yes very helpful, thanks Andrew.

[Author]

Posts