Special charge projects - (Section 163 - Local Government Act 1989)

Approval to prepare scheme

Decision made to prepare scheme following consideration of surveys of property owners and feed back from the community. Council may then place the project in the budget system or proceed immediately to prepare a scheme. Scheme preparation involves survey, design and preparation of an apportionment of costs.

Intention to Declare Scheme

Report to Council providing information on scheme including advice of impending advertising of scheme and declaration of charge. Seeks Council approval by resolution to proceed with process.

The scheme is advertised in the local newspaper and all allotted property owners are notified by mail. This advertisement indicates Council's intention and notification to 'declare' a scheme in a month's time.

Submissions

From the time of advertising property owners have 14 days (as set down by the Local Government Act) to lodge submissions, either in support or opposition to the scheme.

Submissions Review Panel Hearing

A Submissions Review Panel is convened (quorum of three Councillors) and meets to consider submissions. Some submissions are written only, and other submitters may wish to be heard before the Panel. The Panel makes a recommendation to Council regarding the scheme.

Declaration Report

Any time 28 days after advertising the scheme and after the Submissions Review Panel has met and considered submissions, Council considers a report and may proceed to "declare" the charges in accordance with its advertised intent.

Subsequent to this the Finance Manager issues the levy notices and there is a formal charge placed on the property.

This is the final step in the process for Council to make a decision on the scheme.

Appeal

Property owners may lodge an application for review with the Victorian Civil and Administrative Tribunal (VCAT) within one month of issue of the levy notice. An appeal is listed, heard and determined by the Tribunal and this process generally takes 3 - 4 months. Decisions made by VCAT are binding on all parties.

Construction

Council may then proceed to construct the works. Invoices are issued seeking payment of the estimated cost within one month of commencement.

Final Cost Report

At the completion of the works the scheme is "finalised" taking into account actual costs incurred and payments are adjusted accordingly.