Special Rate and
Charge (SRC) schemes are a funding option for building civil infrastructure
projects such as roads, drains and footpaths.
Special Rate and Charge (SRC) Schemes are used to pay for
roads, footpaths and drains that benefit peoples land.
The cost is shared by the property owners who will
benefit from these improvements. If you live in an area where a project is
planned, you may have to pay a special rate or charge to help cover the costs.
Special rates or charges can help fund infrastructure
and services that the City provides including:
- Sealed roads
- Kerb and channel
- Footpaths
- Underground drainage
- Other capital infrastructure
- Marketing and promotion of businesses and activities
within the municipality
Water/gas/sewerage
mains are not City managed infrastructure. You
should contact the relevant managing authority to request these services:
-
Barwon Water for water and sewer mains
-
Tenix/SP Austnet for gas
-
Powercor for electricity
Residents of an area are often the ones to request new footpaths,
road construction or other infrastructure in their local area.
Property owners often use petitions, or a multi-signatory letter
signed by themselves and their neighbours asking us to build a particular piece
of infrastructure.
At the City, to account for property owners changing their
minds during the process, we will not commence the process of a scheme without
a minimum of 60% support from benefiting property owners.
Because of privacy laws, we do not share the names of those who
make these requests.
Once we receive a proposal for works, we assess the need and
feasibility of the proposal. We consult with property owners through letters, e-mails,
text, surveys, leaflets, public meetings and personal contact before the
mandated process can begin.
Councillors and officers are available for information and feedback
at this stage.
It’s important to keep your details up to date. If you need to update your details,
you can do so online.
When we start a project, we
notify residents by letter. If a project gets enough support through surveys
and feedback, we will plan and budget for the work.
Special Rate and
Charge Scheme Process
Section 163 of the Local
Government Act 1989 and the Local Government Act 2020 - Amendment mandates specific steps for implementing
SRC schemes.
The stages and typical timeframes for the Special Rate & Charge
Scheme Process are:
In
most cases, this is initiated by property owners using petitions or a
multi-signatory letter signed by the other property owners. Without the
evidence, the City will not investigate the request. In some cases, the City
will initiate the request.
In order to investigate
the request, we need to see evidence that approximately 60 per cent of benefitting
property owners have indicated their support or interest for the proposed
upgrade.
Potential SRC projects
are determined by whether the project meets with the strategic aims of the
City, regardless of how the project was initiated (i.e. the City or the
property owners).
A
preliminary assessment is undertaken. If the assessment finds the proposed
project has merit, we will commence an early engagement. A proposed SRC scheme
is initiated once all strategic requirements and beneficiaries are identified.
Property
owners are invited to participate in a survey to gauge the level of support for
a project and if property owners are likely to participate in a future SRC
scheme.
If support is
demonstrated at early engagement, we will proceed to the detailed design stage.
If not, we will close the proposed project noting there wasn’t enough support
from property owners.
Roads and drainage
schemes can be complex and expensive. When this is the case, a community
meeting with property owners may be arranged as part of the early engagement.
We
will undertake detailed design which will provide more accurate information on
the scope of works, estimated total project cost, and estimated timeframes.
This stage also includes working out the cost apportionment for the City and
benefitting property owners.
We will write to property owners again asking
them to participate in a survey for the SRC scheme. If property owners support
the proposed SRC scheme (60%), we will proceed to the ‘intention to declare’
stage. If not, we will close the proposed SRC scheme noting there wasn’t enough
interest from property owners.
To proceed to the next
step, 60% support must be achieved from responding property owners.
A
Council report is prepared based on the outcome of the survey findings with a
recommendation to Council to give notice of its intention to declare an SRC
scheme. Council will not declare a Scheme without 60% support from benefiting
property owners.
If Council supports the proposed SRC scheme, we
move into the formal process of community engagement in line with the Local
Government Act 1989 and Local Government Act 2020 - Amendment. If Council
resolves to abandon (or not declare) an SRC scheme, the benefitting property
owners will be informed of this decision.
If Council resolves to give notice of its intention to
declare an SRC scheme, a letter advising of this decision will be sent to all
benefitting property owners. A copy of the published Public Notice,
including advice that submissions may be lodged by any benefitting property
owner, will be sent within 3 working days of the day on which the Public notice
is published in line with the Local Government Act 1989 and Local Government
Act 2020 Amendment.
Property
owners will have 30 days to submit their feedback. A Council Submission
Review Panel will review and consider all submissions. Submitters may
wish to address the Panel. The Panel makes a recommendation to Council.
If Council resolves to declare an SRC scheme,
the Finance team will send a Levy Notice advising of this decision to all
benefitting property owners. This notice will include the information
contained in the Declaration, including details of the levy and date when the
contribution is payable, in accordance with sub-section 163 of the Local
Government Act 1989. The notice will also advise that VCAT submissions
may be lodged by any interested party.
We
understand that significant hardship can be experienced by members of our
community. The City will consider an application for financial hardship
relief confidentially and objectively based on the information provided by the
person in the
application
and will advise of its decision in writing after receiving the application and
all supporting information. You can apply for financial hardship online.
Under Section 185 of the Local Government Act 1989,
benefitting 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. The benefitting property owners are not required to make
a submission to the City at the same time although this would be desirable. An
appeal is listed, heard, and determined by VCAT and this process generally
takes three to four months. Decisions made by VCAT are binding on all parties.
Should
no appeals be received by VCAT or that VCAT confirms the scheme, it will be
cleared to progress to procurement and subsequent construction.
Should VCAT rule to abandon a scheme, it will not be re-initiated for a minimum
period of five years.
A Finalisation report will be submitted for adoption on each special rate or
special charge scheme when it has been finalised. The report will outline
the following points:
- The date of commencement of the scheme and the date of commencement of the
construction works.
- The date of completion of the scheme.
- The actual cost of the project.
- The actual amount of cost to be recovered from benefitting properties.
- The estimated cost of execution of the project; and
- Any variation that has occurred between the original estimated and the final actual recoverable costs and the action to be taken to adjust contributors cost liabilities. Noting that the LGA 1989
legislation allows for up 10% extra to be charged if required at any Special
Rate and Charge scheme.
The City does not make any profit from Special Rate and
Charge schemes. Any over-payments will be reimbursed at finalisation of a
scheme.
On completion of all the above stages, this
infrastructure is handed to the City’s Assets team.
Need to know more...
If
you have any queries, please contact our Civil Infrastructure team on 5272 5272 or email [email protected]