Fees and charges

as extracted from Muswelbrook Shire Council's Management Plan 2009-2012.

Fees and charges 2009-2010 (54kb)

Each year Council is required to determine fees and charges for services it provides.

The fees and charges are made up of fees provided under relevant Acts, fees determined by Council and also recommendations from the Local Government and Shires Associations of NSW.

Section 608 (1) of the Local Government Act 1993, provides that "a Council may charge and recover an approved fee for any service it provides..."

Subsection 2 describes the services for which an approved fee may be charged. These include:

Supplying a service, product or commodity.
Giving information.
Providing a service in connection with the exercise of a Council’s regulatory functions - including receiving an application for approval, granting an approval, making an inspection or issuing a certificate.
Allowing admission to any building or enclosure.

How does Council determine the amount of a fee for a service?

Section 609(1) provides "a Council, if it determines the amount of an approved fee for a service, must take into consideration the following factors:

the cost to the Council of providing the service.
the price suggested for that service by any relevant industry body or in any schedule of charges published, from time to time, by the Department.
the importance of the service to the community.
any factors specified in the regulations.

Section 609(2) states "that the cost to the Council of providing a service in connection with the exercise of a regulatory function need not be the only basis for determining the approved fee for that service". Further "a higher fee or an
additional fee may be charged for an expedited service provided, for example, in a case of urgency".

Section 610. Effect of other Acts.

“(1) If the amount of a fee for a service is determined under another Act:

(a) a Council may not determine an amount that is inconsistent with the amount determined under the other Act, and

(b) a Council may not charge a fee in addition to the amount determined under the other Act.”

“(2) If the charging of a fee for a service is prohibited under another Act, a Council must not charge a fee for the service under this Act.”

Charges under Sections 501 and 502, Local Government Act 1993

Charges referred to in these sections relating to Water, sewage, Drainage and Waste Management are detailed in the Rating Policy.

Pricing Policy

The following document provides a statement of the types of fees proposed to be charged by Council and the amount of such fee. This is in accordance with Section 404(1) of the Local Government Act 1993. Also, included in the list of fees and charges is a fee type. The fee types are described as follows:

Fee Type A

This is a fee charged under relevant legislation. The details of the legislation and section are contained under
the heading of the various types of fees. Council is unable to vary the amount of these fees. (Section 610)

Fee Type B

Is a fee that is generally an indicative fee which is recommended by the Local Government and Shires Association of NSW and Department of Local Government. This is done to maintain, as much as possible, a comparative fee for all Councils. It relates particularly to the supply of property and zoning certificates. (Section 609)

Fee Type C

These fees are for the hire of Council premises and facilities. They have generally been reviewed by Council
Committees and also by Council’s Consultant Valuer to gain the current market value for lease properties on the
commercial market.

Fee Type D

These are fees and charges generally for documents and minor services provided by the Council. In most cases,
the amount fixed represents a minimal fee and is designed to basically cover the cost of materials and other fixed costs in providing the information.

Fee Type E

This fee sets out to try and recover the full cost of the goods and services provided.

GOODS and SERVICES TAX

The goods and services tax (GST), which was introduced on 1 July 2000, resulted in the levying of this tax on all goods and services that Council provides which have not been included in the draft determination made under Division 81 of the GST
legislation.

Local government fees and charges included in the draft determination, for which no GST is payable, include:

Local government rates and associated charges on rates including domestic waste fees
Building application and planning/zoning fees
Impounding fees for animals and animal registration fees 2009 – 2012 Management Plan 130
Issue, transfer and renewal of licences, registrations and permits to undertake activities
Environmental protection fees
Public health fees
Developer contribution fees