public notices
Notice of intent to declare a special charge scheme for the South Bairnsdale Industrial Estate
Date of Issue: 
September 22, 2021

Notice is hereby given of Council’s intention to declare, at its Ordinary Council Meeting to be held on 6 December 2021, a special charge scheme (Scheme) under section 163 of the Local Government Act 1989 (Act).

The purpose of the Scheme is to defray the expenses to be incurred by Council in making arrangements for the upgrade of the water supply systems at the South Bairnsdale Industrial Estate so that the volume, pressure and flow of water to the Estate is sufficient to satisfy firefighting standards for buildings with a floor area greater than 500 m2.

The amount to be levied under the Scheme is $400,000, or such other amount as is lawfully levied as a consequence of the declaration.

Copies of the proposed declaration are available for inspection on Council’s website and at Council’s offices at 273 Main Street, Bairnsdale (COVID-19 restrictions permitting) for a period of at least 28 days after the publication of this notice.

The Scheme is to be declared, and will remain in force, for the period commencing on the day on which Council issues a notice levying payment of the special charge and concluding on 30 June 2026.

The proposed special charge declared under the Scheme will be levied on properties located in the Estate, as shown within the ‘Designated Zone’ on the Scheme Plan (which is available for inspection at Council’s offices and on Council’s website), except those expressly excluded by Council.

Council has determined that the following properties are to be excluded from the Scheme on the basis that they will derive no special benefit from the Scheme:
· land owned by Council and East Gippsland Water on the basis that they are government-owned and no buildings greater than 500 m2 will be constructed on them; and
· properties on which there is already a building greater than 500 m2 in floor area and the services required to meet the firefighting standards have already been installed at the owner’s cost.

The proposed special charge will be levied on the basis of Benefit Units in the amount of $1,075.27 each in accordance with the following table:

Where Council has identified circumstances in which, because of the characteristics or use of particular land, land area alone is not a good indicator of potential benefit conferred under the Scheme. Benefit Units attributed to those properties will be adjusted to reflect any reduced benefit.

Council considers that each property subject to the Scheme and liable to pay the proposed special charge will receive a special benefit because they will be able to own, use, occupy and enjoy buildings with a gross floor area of 500 m2 or more, without incurring the costs associated with privately funding the works necessary to meet the firefighting standards.

The proposed special charge will be levied by Council by sending a notice of levy to the persons who are liable to pay it. Payments are to be made either in instalments or by a lump sum, at the election of the person paying it.

For further details regarding the Scheme, please refer to the proposed declaration, which is available for inspection on Council’s website and at Council’s offices at 273 Main Street, Bairnsdale (COVID-19 restrictions permitting).

Right to make a submission

Any person may make a written submission regarding the Scheme and the proposed declaration to Council under sections 163A and 233 of the Act.

Submissions must be made before 5.00 PM on 27 October 2021.

Any person who makes a submission is entitled to request in their submission to appear personally, or to be represented by a person specified in the submission, to be heard in support of the submission. Any person who wishes to be heard in support of their written submission will be advised of the day, time and place on which they may attend to be heard.

Council will consider any written submissions received in accordance with s 163A and 223 of the Act.

Any person requiring further information concerning the proposed declaration of Special Charge should in the first instance contact Stephen Kleinitz on 5153 9500 or email

Anthony Basford
Chief Executive Officer

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