|
Item 9.4 - Attachment 2 |
EUA Policy |
Environmental
Upgrade Agreements Policy
Contents
1. Background
2. Scope
3. Purpose
4. Definition
5. Application
6. Annexure 1 – Criteria for Assessing the Validity of Proposed Environmental
Improvements
1. Background
On 18 February 2011, the Local Government Amendment (Environmental
Upgrade Agreements) Act 2010 took effect amending the Local Government Act 1993
so as to establish a legislative framework that provided for and authorised
Councils to enter into Environmental Upgrade Agreements (“EUA”).
An EUA is a voluntary agreement between a Building Owner, a
Finance Provider and a Council whereby:
· A Building Owner agrees to carry out
environmental upgrade works to a building (works to improve the energy, water,
or environmental efficiency or sustainability of the building); and
· A Finance Provider agrees to advance funds to
the Building Owner to finance those environmental upgrade works; and
· The advance is repaid by means of a charge on
the relevant land that is levied by the Council.
Generally,
an EUA may be entered into by a Building Owner, a Finance Provider and a
Council in relation to either:
a) a
non-residential building; or
b) a
strata building that is the subject of a multi-residence scheme comprising of
more than 20 lots.
The purpose
of an EUA is to encourage Building Owners to low carbon retrofit buildings by
providing access to less expensive funds provided over a longer term.
2. Scope
This policy will apply to all Environmental Upgrade
Agreements involving the Parramatta City Council.
3. Purpose
The purpose of this document is to provide a framework for Parramatta
City Council (PCC) to determine under which circumstances PCC will enter into
an Environmental Upgrade Agreement.
4. Definitions
Agreed
Repayment Arrangement consists of:
a) the Charge Payment Dates;
b) the Charge Payments;
c) the Total Charge Amount;
d) the Actual Funding Amount;
e) the Funding Payments;
f) the amount of, or a method of calculating
the Administrative Costs; and
g) the Total Administrative Costs
as set out in Annexure 1 of the Environmental Upgrade Agreement.
Building
Owner refers to the owner of the property where the
building retrofits will be made.
Council refers to the Parramatta City Council.
Environmental
Upgrade Charge means the charge payable by the
Building Owner to the Council in relation to the Environmental Upgrade Works
under the Local Government Act and this agreement.
Environmental
Upgrade Works refers to works to improve the energy,
water, or environmental efficiency or sustainability of the building to which
the agreement applies. Annexure 4 lists down the valid environmental upgrade
works as defined in the EUA template as well as in the EUA guidelines.
Finance
Provider refers to the institution advancing funds to the
Building Owner to finance the Environmental Upgrade Works.
Orders means all orders issued by the Council for a person to do or to refrain
from doing.
5. Application
5.1 The Council may only enter into an EUA if:
a. The proposed environmental upgrade works:
i. Relate
to an existing, non-residential building within the Parramatta Local Government
Area;
ii. Are
works as defined with Section 54E of the Local Government Act 1993 and as
described in section 3.3 of the Guidelines for Environmental Upgrade Agreements
issued under the Government Gazette of NSW dated 18 February 2011 (http://www.nsw.gov.au/sites/default/files/No_16_of_2011.pdf);
and
iii. Have been identified, documented and signed
by a suitably qualified professional.
iv. Have been reviewed by Council to have
complied with all the property development compliance requirements.
b. The Building Owner has duly accomplished an
EUA Application Form with all the required supporting documents.
c. The building is not subject to a registered
Strata Plan.
d. There are no outstanding Orders that have
been issued in relation to the building pursuant to any relevant legislation.
e. The building does not have any unacceptable
legal encumbrance/s.
f. The Building Owner has consulted the
Council to ensure that all property development compliance requirements have
been met.
g. The Building Owner has been given a positive
credit assessment by its nominated Finance Provider;
h. The Building Owner has an acceptable
relationship with the Council.
5.2 The Council will:
a. Issue
billing notices to the Building Owner on a quarterly basis showing the
Environmental Upgrade Charges (EUC) due on the 31st August, 30th
November, 28th/29th February and 31st May of
each year in accordance with the Agreed Repayment Arrangements;
b. Only
accept payment of an EUC via direct debit;
c. Only
accept pre-payments of the EUC equal to the value of each Charge Payment as set
out in the Agreed Repayment Arrangement of the EUA, if the pre-payments will
not require an amendment to the Agreed Repayment Arrangement.
d. Only
accept pre-payments of the EUC with amount greater than or equal to value of
each Charge Payment as set out in the Agreed Repayment Arrangement of the EUA,
if pre-payments will require an amendment to the Agreed Repayment Arrangement.
e. Only
accept pre-payments of the Environmental Upgrade Charge when fourteen (14) days
prior notice in writing is given;
f. Charge
the Building Owner all applicable fees/charges (as defined in the Environmental
Upgrade Agreement) in the event that the Building Owner fails to pay the EUC on
the Charge Payment Date.
g. Not be
a party to any dispute that may arise between the Building Owner and a tenant
as to any matter relating to an Environmental Upgrade Agreement.
REFERENCES |
Related Legislation and
Standards Local Government Act 1993 No 30 – Part 2A Environmental Upgrade
Agreements Local Government (General) Regulation 2005 – Part 5A
Environmental Upgrade Agreements Guidelines for Environmental Upgrade Agreements as published in
the Government Gazette of NSW dated 18 February 2011 Related Policies and
Procedures Environmental Upgrade Agreements Enforcement Procedure |
|
POLICIES |
|
|
ATTACHMENTS |
|
|
Trim Reference Number/ Document
Number |
|