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What are Water and Wastewater Developer Charges?

Water Supply and Wastewater Developer Charges are applied to any development which creates new or increased demands upon water supply and wastewater systems. The charges are levied so that Council can fund the infrastructure required for development such as reservoirs, trunk mains, sewerage treatments works and pump stations.

Section 64 of the Local Government Act 1993 refers to Sections 305, 306 and 307 of the Water Management Act 2000. It is the provisions of the Water Management Act that enable Council to recover part of the infrastructure costs incurred in servicing new developments or additions and changes to existing developments.

Development Servicing Plans

Developer Charges are documented in Council’s Development Servicing Plans (DSP). Tweed Shire Council Development Service Plans are currently under review. Current DSP’s can be viewed at the Plans, Policies and Controls section of the website.

What is a Certificate of Compliance?

A Certificate of Compliance is issued under Section 307 of the Water Management Act 2000. A Certificate of Compliance certifies that Council's requirements in respect to Water and Wastewater for a development have been satisfied including the payment of developer charges and/or completion of works. It also records the ET entitlements applied to a particular land parcel.

The Process

The Certificate of Compliance Checklist (529kB PDF) outlines the process to obtain a Certificate of Compliance for Water Supply and Sewerage. The Certificate of Compliance (Section 305) Application form can be located on our Council Forms page.

For Consent Developments, the requirement to obtain a Certificate of Compliance is conditioned on the Development Consent Notice. A Certificate of Compliance may also be required for Complying and Exempt Developments or in response to a Section 68 Water or Sewerage Application. Check with Council for advice on these types of development.

A Certificate of Compliance is generally not required for minor developments such as single dwellings, additions and associated outbuildings such as pools and garages, unless the development impacts the water and sewerage infrastructure and protection or other reasons as identified by Council. For example, land that has previously been amalgamated for rating purposes.

A Certificate of Compliance is required for all other development that will be connected to the water and wastewater system, including:

Type of Development
Dual Occupancy, Town House, Row Houses
Residential Flat buildings, Shop top housing
Commercial/Industrial Development
Section 96 Applications (modifications relating to s64 developer charges, staging changes for staged developments or changes that impact water or sewer)
Commercial/Industrial Change of Use
Strata Subdivisions
Subdivisions (exempt and complying development codes)

Please see Lodgement for information on different types of development.

Equivalent Tenements (ET)

An Equivalent Tenement, or ET, is a standard measure used to assess the demand a particular development will have on Council’s Water and Wastewater Infrastructure. It is based on the average water consumption or average sewage discharge for an average residential dwelling or house, based on state-wide data.

A standard ET entitlement has been defined by the NSW Water Directorate as:
· An average Water Consumption of 230 kL/year (based on average residential consumption)
· An average sewer loading of 140 kL/year (based on around 60% discharge factor)

The Developer Charges to be applied for 1 ET for water and for 1 ET for sewerage are included in Council's 2018-2019 Fees and Charges

Refer to Council’s Fees and Charges 2018-2019 document for further information on ET entitlements for non-standard residential properties and commercial and industrial properties.

How Developer Charges are Determined

Developer charges are calculated based upon information provided by a developer in their Section 305 Application, historical information recorded by Council relating to ET entitlements recorded for the lot and current water consumption and sewerage usage.

The calculations take into account any existing ET entitlements, current water consumption and sewerage usage, and water and sewerage usage proposed for the new development. The proposed development's water usage and sewerage usage is determined in terms of Equivalent Tenements

Options for payment of Developer Charges

Residential Developments and Subdivisions are required to pay Developer Charges for Water and Wastewater prior to the issue of a Construction Certificate or Subdivision Certificate. For any industrial or commercial development, such as for business establishment, expansion or change of use, developers have the option of paying for any additional Water and Sewerage use as High Water Consumption and High Sewerage Usage Charges on an ongoing basis via their water bills.

Councils’ Business Investment Policy outlines a range of incentives relating to Water and Wastewater Developer Charges designed to encourage new business and the expansion of existing business in the Tweed Shire.

In summary the options for the payment of Developer Charges are

· Payment of a lump sum when due
· Deferred Payment (up to 6 years)
- High Consumption Charge in Lieu of upfront Developer Chargers for Eligible Commercial and Industrial Developments

Non Residential High Consumption Charges explained

Eligible industrial and commercial developments have the option of maintaining the existing ET entitlement for the property and paying for any additional water consumption and sewerage usage above the ET entitlement on an ongoing basis via the water bill. Please see the Non Residential High Consumption Fact Sheet (250kB PDF) for further information.

Refer to Council’s Fees and Charges 2018-2019 document for further information on non-residential high water consumption and high sewerage usage rates.

Section 68 of the Local Government Act

If the completion of works on Water and Sewer Infrastructure is required to satisfy the requirements of a Section 306 letter, Developers must apply for approval from Council to carry out such works under section 68 of the Local Government Act.

If the completion of works on Water and Sewer Infrastructure is also required to obtain a Certificate of Compliance, Developers must apply for approval from Council to carry out such works under section 68 of the Local Government Act.

An approval for an activity under Section 68 of the Local Government Act 1993 can be sought from Council under two separate assessment processes. These two processes are either as a stand-alone application for the activity, or in conjunction with a Development Application.

Some examples may include:

· Water reticulation main extension from existing Council infrastructure to the front on their property
· Sewer ejection pumping station & rising main installation to Council gravity sewer system
· New gravity sewer or water reticulation as part of a subdivision.
· Water or sewer main diversion works
· Raising/ lowering sewer manhole access cover

Please see the Council Forms section of Council’s website to obtain the relevant application form/s.

Relationship to Section 94 Contributions

Contributions under section 94 or 94A of the Environmental Planning and Assessment Act 1979 may be levied by local government councils in NSW as contributions for infrastructure and facilities, other than water supply and sewerage, required to service development.

See Plans, Policies and Controls for further information on Section 94 developer charges

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