The case of City of South Perth and Minister for Local
Government [2012] WASAT 177 in the State Administrative
Tribunal (SAT), clarified that a service charge may only be imposed
by a local government when adopting an annual budget or, if a
service charge is quashed by the SAT or a court, when adopting a
budget in form and manner similar to the annual budget.
The City of South Perth Decision
The City of South Perth sought a declaration as to the validity
of a service charge it imposed to recoup its contribution for
Salter Point underground electrical power system.
The City did not impose the service charge when it adopted the
2011/2012 annual budget in July 2011, primarily because it did not
know at that time how much individual landowners, who were to pay
the service charge, were liable to pay.
