Mount Isa City Council has lost a case in Queensland’s Supreme Court over a water rates bill of almost $50,000.
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The case was brought the Mount Isa Irish Association Friendly Society which challenged Mount Isa City Council’s 2016 decision to calculate water charges on a unit basis in accordance with the classification of land with a rate per unit of $202 and a $2.60 charge for “water consumed above allocated allowance per kL”.
The Irish Association argued that way Council charged $49,187 for water to its apartments and shop in subsequent rates notices did not comply with the 2012 Local Government Regulation.
Dealing with the matter in Brisbane on December 18 Justice Martin Daubney agreed with them that Council had failed to comply with the regulation and the Mount Isa Irish Association Friendly Society was “entitled to relief” from the charges.
J. Daubney said that although the Local Government Regulation gave councils a broad discretion to determine an appropriate method of levying utility charges on ratepayers section 101 of the act gave them two options for charging; either “wholly according to the water used” or “partly according to the water used, using a 2-part charge”.
And because they used a water meter they should have been charged wholly according to the water used.
J. Daubney also rejected Council’s argument that even though they may not have complied with Section 101 they complied with transparency requirements when adopting their budget.
“The respondent (Council) should have turned its mind to the local government principles in the LGA when it resolved to determine its utility charges for the rates period,” he said.
(Council) should have turned its mind to the local government principles in the LGA when it resolved to determine its utility charges for the rates period
- Justice Martin Daubney
Mount Isa City Council’s acting CEO Sharon Ibardolaza said the council was reviewing the judgement and awaiting further legal advice.
Derek Barry
Editor of the North West Star Mount Isa since January 2016. Prior to that, an editor at several regional southern Queensland newspapers. Passionate about telling local stories. Comes with a strange accent to due an Irish accident of birth.
Editor of the North West Star Mount Isa since January 2016. Prior to that, an editor at several regional southern Queensland newspapers. Passionate about telling local stories. Comes with a strange accent to due an Irish accident of birth.
