Western Australian Current Acts

LOCAL GOVERNMENT ACT 1995 - SECT 6.38

6.38 .         Service charges

        (1)         A local government may impose on —

            (a)         owners; or

            (b)         occupiers,

                of land within the district or a defined part of the district a service charge for a financial year to meet the cost to the local government in the provision of a prescribed work, service or facility in relation to the land.

        (2)         A local government is required to —

            (a)         use the money from a service charge in the financial year in which the charge is imposed; or

            (b)         to place it in a reserve account established under section 6.11 for the purpose of that work, service or facility.

        (3)         Where money has been placed in a reserve account under subsection (2)(b), the local government is not to —

            (a)         change the purpose of the reserve account; or

            (b)         use the money in the reserve account for a purpose other than the work, service or facility for which the charge was imposed,

                and subsections (2), (3) and (4) of section 6.11 do not apply to such a reserve account.

        (4)         A local government may only use the money raised from a service charge —

            (a)         to meet the cost of providing the specific service for which the work, service or facility charge was imposed; or

            (b)         to repay money borrowed for anything referred to in paragraph (a) and interest on that money.

        (5)         If a local government receives more money than it requires from the service charge imposed under subsection (1)(a) it —

            (a)         may, and if so requested by the owner of the land, is required to, make a refund to the owner of the land which is proportionate to the contributions received by the local government; or

            (b)         is required to allow a credit of an amount proportionate to the contribution received by the local government in relation to any land on which the service charge was imposed against future liabilities for rates or service charges in respect of that land.

        (6)         If a local government receives more money than it requires from the service charge imposed under subsection (1)(b) it is required to make a refund to the person who paid the service charge which is proportionate to the contributions received by the local government.

        (7)         This section applies in respect of a prescribed work, service or facility even if the work, service or facility is not provided, or not wholly provided, by a local government if the local government has facilitated or participated in the provision of the work, service or facility.

        (8)         Where —

            (a)         before the coming into operation of the Local Government Amendment Act 2012 Part 2 Division 5, a service charge was imposed, or purportedly imposed, under this section by a local government for the purpose of the provision of underground electricity; and

            (b)         the underground electricity was not, or will not, be provided, or not wholly provided, by the local government,

                the charge is, and is taken always to have been, as validly imposed under this section as it would have been if, at the time of the imposition of the charge, the amendments effected by Local Government Amendment Act 2012 Part 2 Division 5 had been in effect and the provision of underground electricity had been a prescribed work.

        [Section 6.38 amended: No. 2 of 2012 s. 21.]