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Notice of intention to declare a special charge for the sealing of Pindari Road and Kandra Road, Moe South

In accordance with a resolution of the Latrobe City Council (Council) made at the Council Meeting held on 23 March 2026, notice is given that at the Council Meeting to be held on 27 July 2026, it is the intention of the Council to declare a Special Charge (Special Charge) under section 163(1) of the Local Government Act 1989 (Act) for the purposes of defraying expenses incurred or to be incurred by the Council in relation to the sealing of Pindari Road and Kandra Road, Moe South and the provision of any ancillary works including drainage (Road or Scheme). A detailed plan of the Scheme area is available for inspection on the Latrobe City website from the 14 April 2026. The criteria which forms the basis of the Special Charge is the ownership of rateable land in the area of the Scheme which, based on having front, rear or side frontage (modified where appropriate), has and enjoys an abuttal with or access to/from the Roads.

The Council considers that each rateable property included in the Scheme area that is required to pay the Special Charge will receive a special benefit, through the provision of upgraded proper, safe and suitable roads and property services.

In performing functions and exercising powers in relation to the provision of proper, safe and suitable roads and property services in the area, for which it is proposed the Special Charge will be declared, the Council intends to spend an amount of $510,000, being the estimated cost of the works to be undertaken, and to levy by way of the Special Charge an amount of $127,500.

The Special Charge is to be declared, and will remain in force, for the period commencing 27 July 2026 and ending on 26 July 2028.

The Special Charge will be assessed based on benefit provided to property owners by abuttal and access to a property from either Pindari Road and/or Kandra Road.

For the purposes of having determined the total amount of the Special Charge to be levied under the Scheme, the Council considers and formally determines for the purposes of sections 163(2)(a), (2A) and (2B) of the Act that the estimated proportion of the total benefits of the Scheme to which the performance of the function and the exercise of the power relates (including all special benefits and community benefits) that will accrue as special benefits to all of the persons who are liable or required to pay the Special Charge is in a ratio of 1:1 (or 100%). This is also on the basis that, in the exercise of its discretions, the Council has chosen to make a further contribution to the cost of the works so as to arrive at a revised maximum total levy amount of $127,500.

The Special Charge will be levied by the Council sending a notice of levy upon declaration of the Special Charge Scheme to the persons who are liable to pay the Special Charge. The Council will consider cases of financial and other hardship and may reconsider other payment options for the Special Charge. There will be no incentives given for payment of the Special Charge before the due dates for payment. 

Consistent with the requirements of the Local Government Act 1989 a reconciliation of the cost of the project will be undertaken after completion and an invoice/refund will be issued to the benefitting properties.

Any person may make a written submission to the Council under sections 163A and 223 of the Act. In addition, any person who will be required to pay the Special Charge has a separate right to object in writing under section 163B of the Act. If an occupier wishes to object, they must submit with their objection documentary evidence that it is a condition of their lease that they are required to pay the Special Charge.

Written submissions under section 223 of the Act and/or written objections under section 163B of the Act must be received by the Council by close of business of 13 May 2026. Submissions and/or objections must be in writing addressed to the Chief Executive Officer, by the following means:

  • By Mail: Latrobe City Council, PO Box 264, Morwell, 3840
  • In Person: 141 Commercial Road, Morwell, 3840
  • Via email: Latrobe@latrobe.vic.gov.au

Any person who has made a written submission under section 223 of the Act and has requested to be heard in support of their written submission is entitled to appear in person or to be represented by a person specified in the submission before the Council to hear submissions under section 223 of the Act, the day, time and place of which will be advised in writing. 

All submissions and personal information in submissions will be handled as authorised or required by law, including under the Privacy and Data Protection Act 2014, and submissions and/or objections may, as the Council sees fit, become available for public inspection.

The Council will consider any written submissions and take into account any objections in accordance with sections 163A, 163B and 223 of the Act. 

Any person requiring further information concerning the proposed declaration of Special Charge should contact Josh Wilson, Manager City Assets by Phone: 1300 367 700, or via email Josh.Wilson@latrobe.vic.gov.au.

Steven Piasente

Chief Executive Officer

Attachments:

SCOPE OF WORKS – SITE PLAN – ABUTTING PROPERTIES

SCOPE OF WORKS – SITE PLAN - AERIAL IMAGERY

SCOPE OF WORKS – CROSSECTION PROFILE

BENEFITTING PROPERTIES

APPORTIONMENT AND COST

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