Nash Bros Builders Pty Ltd v Riverina Water County Council

Nash Bros Builders Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning the power of Riverina Water County Council (the respondent) to levy development servicing charges. The dispute centred on whether the respondent was entitled to levy such charges for the provision of a water supply to a retirement village.

The Court of Appeal was required to determine whether the respondent had the power to levy development servicing charges under section 306 of the *Water Management Act 2000* (NSW) or section 608 of the *Local Government Act 1993* (NSW). A further issue was whether the respondent's power to levy these charges was contingent upon the appellant first making an application for a compliance certificate. The court also considered whether a statutory provision allowing for the levying of annual charges for services precluded the respondent from charging for services that were not provided on an annual basis.

The Court of Appeal dismissed the appeal, upholding the primary judge's decision. The court reasoned that the respondent did possess the power to levy the charges in question. It was held that the relevant statutory provisions did not require an application for a compliance certificate to be made before the power to levy charges arose. Furthermore, the court concluded that the existence of a power to levy annual charges did not prevent the respondent from levying charges for services that were not necessarily provided annually, finding that the charges were for the provision of infrastructure and services, not solely for annual usage.

The appeal was dismissed with costs.