Icon Water: Freedom of Information Determinations
As Icon Water began to impose charges on people wanting to place extensions or secondary residences on their blocks, appeals to relevant bodies began in order to gain more information on the legality of this charge and the source of Icon’s power’s in imposing this charge.
Icon Water has recently published some new guidance on its website related to the calculation of the ‘net increase in EP’ (Equivalent Population) under the Water and Sewerage Capital Contribution Code (Code) for developments on single residential blocks. The new guidance that was implemented as of 1 July 2023 provides definition for what constitutes a net increase in EP.
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Icon stated that “applications that identify the construction of a ‘secondary residence’ (or ‘secondary dwelling’) create an ‘additional dwelling’ on the block. This will result in a net increase in EP and trigger a WSCC invoice, which must be paid before completion of the development.”
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And “applications for other development types which do not create an ‘additional dwelling’ (such as alterations and additions to an existing dwelling) will not result in a net increase in EP”.
What this means is that all secondary residence developments will have a charge issued by Icon Water at the end of construction. This charge is generally around $1094, but can range from $1,000-$4,000. It also means that all extensions and alteration developments will not have this charge imposed by Icon Water.
The below documents are samples of documents gained by a person seeking this information, including documents gained under a Freedom of Information request, and letters to the Independent Competition and Regulatory Commission.
The below documents are samples of documents gained by a person seeking this information, including documents gained under a Freedom of Information request and letters to the Independent Competition and Regulatory Commission.
As of February 2023, we continue to argue that this imposed fee is illegal and unfair and support clients taking action in ACAT.
Most recently, we have applied to the FOI ombudsman to review ICON waters' decision not to disclose relevant documents regarding how they determine if the fee is to be applied.
Below is a series of public documents provided by customers and ICON relating to the unfair application of these fees.
CGFB and Fixed price extensions have been written on behalf of every customer who is like be impacted by this unfair charge and dispute the legal status of ICON to apply the "developers" charge and express that the payment if made, has been made under sufferance.
We encourage you to write to the CEO of ICON water and the relevant local members, expressing outrage at the fact that this unfair tax and charge is being applied to homeowners simply extending their homes or constructing a Secondary Dwelling.
The matter has now been referred to https://www.icrc.act.gov.au.
If you have questions about this, please email planning@cgfb.com.au.
View and download the full PDF here
