Minutes of proceedings

1. 
   the improved premises is completely unoccupied for a period of not less than two consecutive rating quarters, and
   

2. 
   the owner of the improved premises provides written and signed notification to Council that the premises are or shall be unoccupied not less than thirty days before the commencement of a rating quarter, and
   

3. 
   where the improved premises is anticipated to remain unoccupied for a subsequent period of not less than two rating quarters, a fresh written and signed notification must be provided not less than thirty days before the expiration of the prior period, and
   

4. 
   the owner shall notify Council in writing immediately upon the occupation of the improved premises, providing the date on which occupancy recommenced, and
   

5. 
   waste management charges will continue to be applied to the quarterly rate accounts until the owner notifies Council that the property is again occupied. Upon this notification a retrospective credit of waste management charges for the period the improved premises were unoccupied will be raised against the rate account and be offset against charges for the rating quarter following such notification, and
   

6. 
   calculation of any credit of waste management charges will only commence from the rating quarter following receipt of the owner’s notification or the commencement date of vacancy, whichever is the later, and
   

7. 
   waste management charges will be automatically reinstated at the end of two rating quarters unless written and signed notification has been provided by the owner seeking a continuation of the suspension within the time specified in (b) above. Notifications not received within the thirty days prior to the commencement of a rating quarter may not be processed from the ensuing rating quarter. In these cases, suspension may commence from the subsequent rating quarter
   

8. 
   despite (e) above and at the discretion of the Business Manager – Rates Processing, charges may be retrospectively credited at the end of each rating quarter, (or such other interval as deemed appropriate) that the premises continue to be unoccupied beyond the initial two consecutive rating quarter period.
   

1. 
   Fees and Charges
   

That pursuant to the powers of the Council conferred by Acts, By-laws and Local Laws the fees, dues and general charges as set forth in the budget documents entitled "Schedule of Fees and Charges 2015/2016" and “Register of Cost-Recovery Fees” are determined and adopted as such for the financial year. The fees and charges in this budget document represent the fees and charges set by Council at the date of the Budget Resolution. Council may alter any of the fees and charges in this booklet by resolution at any time prior to the next Budget Resolution.

1. 
   Levying of Rates and Utility Charges.
   

That all Differential General Rates, Separate Rates, Separate Charges, Special Rates, Special Charges and Utility Charges are to be levied upon a rate account issued in relation to a quarter of the financial year. Adjustments in respect of Rates and Charges appearing on the Rate Account may be made from the date of effect of any such change.

2. 
   Discount on Differential General Rates.
   

That Differential General Rates, whether a quarterly instalment or otherwise for the financial year, be reduced by a discount equal to the amount specified below per annum, or in the case where Differential General Rates are less than the applicable discount amount per annum, the whole of the Differential General Rates, to any person who pays the entire amount due on the rate account inclusive of all arrears of rates, utility charges, separate charges, separate rates, special charges, special rates and all interest which shall be accrued on such arrears to the date of payment, but with the exception of general charges, within 30 days after the date of issue of the notice to that person to pay such sum.

1. 
   For properties included in categories 1 or 10 determined under 4(a); $60 per annum.
   

2. 
   For all other properties: nil
   

3. 
   Interest on Unpaid Rates and Utility Charges.
   

If the full amount of a rate or charge is not paid to the Council within 30 days after the date of issue of the notice by which the rate or charge is levied, the unpaid amount bears interest at 11 per centum per annum (compounding daily).

4. 
   Goods and Services Tax (GST).
   

Where GST is applicable, all rates, charges and/or fees that are subject to GST are deemed to be increased by the amount of any such GST.

14. 
    DICTIONARY OF TERMS
    

a refuse container other than an MGB supplied by a contractor of the Council.

a waste management service that specifically includes a regular single weekly service offered for the removal of approved refuse from a bulk bin. The term does not include an extra collection.

a building that is used or is adapted to be used for principal residential purposes, mixed residential purposes or secondary residential purposes.

a room or group of rooms that is used or is adapted to be used for principal residential purposes, mixed residential purposes or secondary residential purposes.

the collection of a waste management service, performed at least weekly, for not less than four weeks, on a day other than that on which the normal service is performed at the same premises.

the financial year commencing on 1 July 2015 and ending on 30 June 2016.

those land use codes approved by the Brisbane City Council effective from 1 July 2015.

activities conducted by a local authority for the provision of services, administration, management, development, welfare, benefit or enjoyment to its residents.

the Divisional Manager, Executive Manager or Manager of the relevant Unit or Sub-unit of Administration of the Brisbane City Council which is responsible for the transaction or activity governed by the Budget.

a wheeled kerbside container for the collection of waste or other approved materials and supplied by a contractor of the Council provided to an owner.

in relation to any premises an MGB green waste recycling service consists of the collection of an MGB of 240 litre capacity designated for the collection and disposal of approved green waste on an alternate fortnightly basis to the collection of any MGB refuse service referred to in (b) of the definition of that service

This charge only applies where the owner has elected to accept and the Council is prepared to provide this service.

MGB refuse service:

1. 
   the weekly collection of an MGB of either 240 litre, 140 litre or 120 litre capacity (based on an election of the owner) designated for the collection and disposal of approved general waste, and;
   
2. 
   the collection of an MGB of either 240 litre or 340 litre capacity (based on an election of the owner) designated for the collection and disposal of approved recyclable items collected on a fortnightly basis where the Council is prepared to supply such service.
   

residential premises from which a resident owner or an occupier conducts a non-residential or commercial activity, and that activity conforms to but does not exceed the conditions set out in ‘Column 3’ of the table shown at section 15.3.

This specifically does not include:

1. 
   owners or occupiers who may work from home and are either self-employed or working from home for their employer either permanently or temporarily, unless any such activity:
   

1. 
   involves the sale, manufacture or provision of goods or services on site, or
   
2. 
   is the place of employment of any other person/s other than the owner or occupier, or
   
3. 
   involves the reception of customers to view, purchase or consult on any such goods or services on site,
   

the activity does not exceed the conditions set out in ‘Column 2’ of the table shown at section 15.3.

or

2. 
   owners or occupiers who are engaged in a hobby or past-time that does involve the sale, manufacture or provision of goods or services and/or the reception of customers to view, purchase or consult on any such goods or services on site, including low-key, kerb-side sales and stalls, provided any such activity does not exceed the conditions set out in ‘Column 2’ of the table shown at section 15.3.
   

a property which:

1. 
   contains more than one self-contained dwelling house/unit, either detached, semi-detached or integrated, whether for use by the same family or by unrelated occupants with the exception of;
   

1. 
   self-contained accommodation, either detached, semi-detached or integrated, for the care and shelter of an aged or infirm family member of the occupant/s and which has a gross floor area not exceeding the limitation for a secondary dwelling as set out in the City Plan 2014 (Part 9 ‘Dwelling house code’ and/or ‘Dwelling house (small lot) code’ acceptable outcomes AO1.1 and AO1.2), or
   
2. 
   a Hotel, Motel / Motor Inn / Motor Lodge, or Residential Aged Care Facility, or
   
3. 
   'Bed & Breakfast' or 'Home-stay' type accommodation which meets the Performance Outcomes and Acceptable Outcomes of the ‘Home based business code’ under Part 9 of City Plan 2014, or
   
4. 
   a property that otherwise meets the definition of principal residential purposes, mixed residential purposes, secondary residential purposes or owner-occupied multi-residential (single family).
   

2. 
   comprises a single self-contained dwelling house/unit that exceeds the occupancy standards set under Acceptable outcome AO1.1 of the ‘Dwelling house code’ and/or the ‘Dwelling house (small lot) code’ Part 9, of City Plan 2014 as at the date of adoption of this resolution.
   

1. 
   the existence of separate or multiple:
   

• 
  kitchens/food preparation areas (identified by the presence of a stove and/or oven), or
  
• 
  metered water, electricity or gas supplies, or
  
• 
  waste collection services, or
  
• 
  mail boxes, or
  
• 
  displayed house/unit numbers, or
  
• 
  pedestrian or vehicular entrances,
  

2. 
   the existence of dividing walls that prohibit free internal access from one living unit to another,
   or
   
3. 
   the number of occupants resident at the property.
   

all land that does not conform to the definition of principal residential purposes, mixed residential purposes or secondary residential purposes.

for purposes of the differential general rating table and associated provisions means:

1. 
   the ‘registered proprietor’, or;
   
2. 
   a resident Life Tenant, nominated as such by the terms of a will or Family/Supreme Court Order, and having been specifically given responsibility for payment of all rates and charges, or;
   
3. 
   a resident lessee of an Auction Perpetual Lease, the terms of any such lease must provide for the lessee to be responsible for the payment of rates and charges and the lessee must be granted title to the land in fee simple at the conclusion of the lease, or;
   
4. 
   a resident under a special disability trust.
   

a property which by its physical attributes would otherwise constitute a multiple dwelling but;

1. 
   is held in private ownership, and;
   
2. 
   lawfully comprises no more than two single unit dwellings, one of which is the principal place of residence of the owner and the other is occupied by a family member/s of the owner, and;
   
3. 
   is not subject to a residential tenancy agreement between the owner and the family member/s occupying any secondary dwelling house/unit.
   
4. 
   in the case of multiple owners, each dwelling may be occupied by an owner of the property.
   

A property will meet this definition only by written application to and approval by Council that it complies with the criteria above.

the single use, or in the case of multiple usages the main use, for which in the opinion of the Council the property is being used or could potentially be used by virtue of improvements or activities conducted upon the property. Council may form this opinion by examination of the visual, spatial and economic aspects of the use, these terms being defined herein, and/or where appropriate, the assessment criteria contained within the table shown at section 15.3.

includes:

1. 
   the whole or any part of any building, structure, or land, and
   
   1. 
      any construction works whether on private land, Crown land, Council land or any public place.
      

a single dwelling house or dwelling unit that is the place of residence at which at least one person who constitutes the owner/s of the land predominantly resides. In establishing principal place of residence, Council may consider, but not be limited to the owner’s declared address for electoral, taxation, government social security or national health registration purposes, or any other form of evidence deemed acceptable by the Council.

Residential premises which have not, in the opinion of the Council met these criteria will be deemed a secondary residence.

The following cases specifically do not comply with the definition of a principal place of residence, namely a single dwelling house or dwelling unit that is;

1. 
   not occupied by at least one person/s who constitute the owner/s, but occupied by any other person/s, whether in return for rent or remuneration or not, including members of the owner’s family, or;
   
2. 
   vacant, whether permanently or temporarily (for more than 120 days of the financial year), including for the purposes of renovation or redevelopment, except in the case where;
   

1. 
   a premises being renovated remains the registered principal place of residence for the purposes specified above and that the owner/s do not own any other property which they claim to be their principal place of residence, and;
   
2. 
   a property is vacant for a period longer than 120 contiguous days of the financial year due to the owner/s absence on an extended holiday, provided that the property remains completely vacant for the entire period of their absence.
   

3. 
   premises fully or partially held in other than private ownership.
   

means the purpose of a use of a dwelling house or dwelling unit where that purpose is solely for a principal place of residence not containing any improvements of a non-residential nature nor comprising any non-residential or commercial activity unless such improvements or activity is limited to:

1. 
   self-contained accommodation, either detached, semi-detached or integrated, for the care and shelter of an aged or infirm family member of the occupant/s. The gross floor area of any such self-contained accommodation is not to exceed the limitation for a secondary dwelling as set out in the City Plan 2014 (Part 9 ‘Dwelling house code’ and/or ‘Dwelling house (small lot) code’, Acceptable outcomes AO1.1 and AO1.2), and/or
   
2. 
   the owner/s working from home being either self-employed or working for their employer either permanently or temporarily, unless any such activity conforms with and does not exceed the conditions set out in ‘Column 2’ of the table shown at section 15.3.
   
3. 
   engaging in a hobby or past-time that involves the sale, manufacture or provision of goods or services and/or the reception of customers to view, purchase or consult on any such goods or services on site, including low-key, kerb-side sales and stalls, provided any such activity conforms with and does not exceed the conditions set out in ‘Column 2’ of the table shown at section 15.3.
   

means land, the certificate of title of which is in the name of an individual or more than one individual and excludes land owned or partially owned by companies, trusts, organisations or any other entity other than an individual. This is regardless of whether the land is occupied as a residence by a shareholder or even the sole shareholder of that company, trust, organisation or entity.

a parcel or parcels of land recorded together within Council’s systems for rating and charging purposes.

for the purposes of this resolution and to avoid misunderstanding, public worship is defined as follows;

1. 
   worship which is conducted within the concept of “open doors” so that members of the public who are not regular congregation members of the particular religious institution may, without impediment or condition, gain access to and participate in such worship alongside the regular congregation members, and;
   
2. 
   worship to which members of the public are actively invited to attend by means of signage located at each of the public entrances to the land. Such signage must include an unambiguous and open invitation to members of the public to worship as well as a statement as to relevant worship times (referrals to obtain worship times are not acceptable in lieu of advertised times) and such signage to be printed in a style that is clearly legible from outside of the boundaries of the land, and;
   
3. 
   worship which is not pre-conditioned upon advance notice of any description and which is not pre-conditioned upon the recommendation or approval of another congregation member or by the completion of any precursory instruction or induction.
   

has the meaning given by Section 95 of the City of Brisbane Act 2010.

pursuant to section 3 of this resolution, the land value upon which general, separate and special rates are based.

in relation to a financial year, means a part of the year of a period of three months commencing on 1 July, 1 October, 1 January or 1 April in that year.

is an institution that is;

1. 
   a recognised denomination by the Commonwealth under the terms of Section 26 of the Marriage Act 1961, being proclaimed by the Governor-General as a religious body or a religious organisation for the purposes of the Act, or
   
2. 
   an exempt institution (of a religious nature, or a religious body) under section 545(1) of the Duties Act 2001; or
   
3. 
   registered as a charity under the Australian Charities and Not-for-profits Commission Act 2012 as the subtype of entity mentioned in column 2 of item 3 of the table in subsection 25-5(5) of that Act.
   

land that is in, or if it were categorised would be in, Differential Rating Category 1, 7, 10 or 14 determined under Section 4(a) of this Resolution.

Any residential premises that exceeds the ‘Assessment Criteria’ for both Differential Rating Category 1, 7, 10 and 14 (Columns ‘2’ and ‘3’) of the table shown at section 15.3 is deemed to be non-residential purposes.

retirement facility:

has the same meaning as given to ‘retirement facility’ under Schedule 1 of City Plan 2014, and unless owned and operated by a religious institution, is registered as such with the Department of Justice and Attorney General.

a single dwelling house or dwelling unit that:

1. 
   is used solely for the purposes of a place of residence of one family, and
   
2. 
   is not the principal place of residence of at least one person who constitutes the owner, and
   
3. 
   does not contain any improvements of a non-residential nature or comprising any non-residential or commercial activity unless such improvements or activity is limited to:
   

1. 
   self-contained accommodation, either detached, semi-detached or integrated, for the care and shelter of an aged or infirm family member of the occupant/s. The gross floor area of any such self-contained accommodation is not to exceed the limitation for a secondary dwelling as set out in the City Plan 2014 (Part 9 ‘Dwelling house code’ and/or ‘Dwelling house (small lot) code’, Acceptable outcomes AO1.1 and AO1.2), and/or
   
2. 
   the occupier/s working from home being either self-employed or working for their employer either permanently or temporarily, unless any such activity conforms with and does not exceed the conditions set out in 'Column 2' of the table shown at section 15.3.
   
3. 
   engaging in a hobby or past-time that involves the sale, manufacture or provision of goods or services and/or the reception of customers to view, purchase or consult on any such goods or services on site, including low-key, kerb-side sales and stalls, provided any such activity conforms with and does not exceed the conditions set out in 'Column 2' of the table shown at section 15.3.
   

1. 
   vacant display homes, providing they are not being utilised as a sales or site office, and
   
2. 
   those instances deemed to be a secondary residence by the definition of principal place of residence and those instances set out in the second paragraph of the definition of a principal place of residence.
   

means a trust approved by the courts to protect the interests of a deemed vulnerable pensioner owner. These are established by consent with the pensioner’s attorney, guardian, primary carer or even the state Office of the Adult Guardian. These trusts must comply with the Social Security Act, 1991 (Commonwealth) part 3.18A – financial provision for certain people with disabilities (Special Disability Trust).

land devoid of buildings or structures with the exception of outbuildings or other minor structures not designed or used for human habitation or occupation. It does not apply to land that is used for car parking or in conjunction with any commercial activity, e.g. heavy vehicle or machinery parking, outdoor storage areas, assembly areas or rural activities such as cultivation, grazing or agistment.

attributes defined separately below pertaining to the usage of land and used in determining the level of non-residential activity being conducted on the premises for differential rating categorisation purposes, or the nature of any activity conducted on the premises for General rate exemption determination. These attributes may be considered in conjunction with the assessment criteria described in the table shown at section 15.3.

Each attribute is defined as follows:

1. 
   Visual: The visual impact any non-residential activity may have on the amenity and/or character of the neighbouring area. In measuring this characteristic, consideration would be given, but not restricted, to attributes such as signage, provision of car parking, increased traffic volume and the degree to which the premises differs visually from its neighbouring properties because of its non-residential activity.
   
2. 
   Spatial: The proportion of the total land or building area which is dedicated to the carrying out of a non-residential activity.
   
3. 
   Economic: The actual or potential economic benefit of an activity conducted on the land in terms of the financial gain or saving to the owner or occupant.
   

For determination of General Rate exemption qualification, these attributes may be used to evaluate whether the predominant use for which the applicant property is being utilised conforms to the exemption criteria.

an area defined at section 10.1 of this resolution and serviced by the Council or its contractor for the collection and disposal of waste.

the date of a change request, order or adjustment of the waste management service.

the provision of a comprehensive range of compulsory and optional collection and disposal services offered for the removal of waste from properties, roadways and parks in Brisbane that ensures wastes are collected and disposed of in an environmentally responsible manner including approved general refuse, recyclable material or green waste.