s. 163A (7) If a private street (within the meaning of section 575(1) of the Local Government Act is constructed wholly or partly at the cost of 1958) the owners or occupiers of any land which abuts or fronts the street, the Council may not at any future time recover any further costs in respect of the construction of a component of the private street if that component has been previously constructed to the satisfaction of the Council from the owners or occupiers of the land under this section by way of a special rate or special charge. (8) For the purposes of subsection (7) and section 221(6), and have the construct component same meanings as in section 12 of the Local Government (Consequential Provisions) Act 1989. (9) For the purposes of subsections (1) and (6), S. 163(9) inserted by does not include any expenses incurred expenses No. 67/2008 or anticipated to be incurred which relate to any s. 56(2). proceedings or anticipated proceedings before VCAT, including an application for review under section 185 or an application for a declaration under section 185AA. 163A Submissions concerning special rates and charges S. 163A inserted by No. 34/1996 A person may make a submission under s. 21, section 223 in relation to a Council's proposal to substituted by No. 27/1997 make a declaration under section 163. s. 11. 163B Objection process relating to certain special rates S. 163B inserted by and charges No. 109/2003 s. 82. (1) Subject to subsection (2), a Council can only make a declaration under section 163(1) to levy a special rate or special charge to recover an amount that exceeds two thirds of the total cost of the performance of the function or the exercise of the power in accordance with this section.
(7) If a private street (within the meaning of section 575(1) of the Local Government Act 1958) is constructed wholly or partly at the cost of the owners or occupiers of any land which abuts or fronts the street, the Council may not at any future time recover any further costs in respect of the construction of a component of the private street if that component has been previously constructed to the satisfaction of the Council from the owners or occupiers of the land under this section by way of a special rate or special charge. (8) For the purposes of subsection (7) and section 221(6), construct and component have the same meanings as in section 12 of the Local Government (Consequential Provisions) Act 1989. S. 163(9) inserted by No. 67/2008 s. 56(2). (9) For the purposes of subsections (1) and (6), expenses does not include any expenses incurred or anticipated to be incurred which relate to any proceedings or anticipated proceedings before VCAT, including an application for review under section 185 or an application for a declaration under section 185AA. S. 163A inserted by No. 34/1996 s. 21, substituted by No. 27/1997 s. 11. 163A Submissions concerning special rates and charges s. 163A A person may make a submission under section 223 in relation to a Council's proposal to make a declaration under section 163. S. 163B inserted by No. 109/2003 s. 82. 163B Objection process relating to certain special rates and charges (1) Subject to subsection (2), a Council can only make a declaration under section 163(1) to levy a special rate or special charge to recover an amount that exceeds two thirds of the total cost of the performance of the function or the exercise of the power in accordance with this section.