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ARTICLE · 08 MARCH 2012

Insights into appealing adopted infrastructure charges under the 2011 SPA amendments

HopgoodGanim
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The adopted infrastructure charges notice (AICN) regime was introduced to limit the growth of infrastructure charges.

AustraliaReal Estate and Construction
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By David Nicholls,Partner and Olivia Williamson,Associate

The adopted infrastructure charges notice (AICN) regime, introduced under amendments to the Sustainable Planning Act 2009 (SPA) in July 2011, aims to limit the growth of infrastructure charges.

Here, partner David Nicholls and associate Olivia Williamson consider some of the unusual outcomes thrown up by the regime, and discuss the complexities now involved in attempting to appeal against charge notices.

Key points

  • Section 478 of the SPA, as amended in June 2011 by the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011, gives those who have been given, and are dissatisfied with, an adopted infrastructure charges notice the right to appeal against the notice to the Court on the grounds of unreasonableness or an error in the calculation of the charge.

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