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Why the SAT Quashed Nedlands’ Underground-Power Charge Resolution

The SAT quashed Nedlands’ underground-power service-charge resolution over a timing defect, while the City minutes say a new resolution could impose the charge.
From TheFinanceBase Team3 min to read
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The State Administrative Tribunal (SAT) quashed a City of Nedlands resolution imposing service charges for two underground-power projects because the decision missed a statutory timing requirement. The City’s minutes say the order allowed it to impose the charge through a new resolution; the reported finding was about procedure, not whether the projects or the City’s cost-recovery policy were proper.

What happened in Nedlands

City commissioners adopted Nedlands’ 2025–26 budget at a special meeting on 27 August 2025, according to PerthNow’s 11 September 2025 report. At a 3 September meeting, they revisited the budget to specify service-charge details for the Nedlands North and Nedlands West underground-power projects and to change rate instalment dates.

The City later applied to the SAT to quash resolution 3A after identifying a procedural irregularity. The City’s 17 September 2025 minutes say the SAT granted the application on 10 September under section 6.82 of the Local Government Act 1995, and that the City could impose the service charge through a new resolution under section 6.32(3)(b). The minutes refer to replacement-resolution material with updated payment due dates and an additional instalment option.

PerthNow attributed this finding to the tribunal: “The tribunal is satisfied that (the decision) to impose a service charge for underground power did not comply with the time limits set out in s 6.2(1) of the Local Government Act 1995 (WA) and was therefore improperly imposed.” The City’s minutes likewise identify timing and the statutory provisions, but the quoted wording is reported through PerthNow.

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What the timing ruling means—and what it does not

The decision concerned when the service-charge decision was made in the budget process. It does not establish that the underground-power works themselves were unlawful or that recovering costs from benefiting ratepayers was inherently improper. The SAT describes its role as reviewing a wide range of government decisions and determining disputes; this ruling addressed the decision before it.

The City agenda for the 27 August special meeting describes a four-month budget preparation process, briefings from May to August, and priorities including core services, asset renewal and maintenance, and delivery of the two underground-power projects. It also says differential rates must be advertised by public notice for at least 21 days under section 6.36 of the Act. That notice rule is separate from the section 6.2(1) timing issue PerthNow reported in the service-charge case.

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Which projects and costs were involved?

PerthNow reported the following expected project costs and property counts in September 2025. These are contemporaneous estimates, not confirmed final totals or individual household bills.

Project Expected total project cost reported Properties reported
Nedlands North About $7.7 million (PerthNow, September 2025) 272
Nedlands West About $16.2 million (PerthNow, September 2025) 668

PerthNow described the City policy as allowing recovery from ratepayers receiving underground power of 50 per cent of the City’s contribution. That is not 50 per cent of each project’s total cost. The figures above do not establish what any particular property owner owes; that would depend on the operative resolution, the charge schedule and the property affected.

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Will Nedlands residents still have to pay?

The City minutes say the SAT order permitted a fresh resolution to impose the service charge, so quashing resolution 3A did not itself rule out a replacement charge. However, the available City budget listing and later media-release index show 2026–27 budget activity, including an approval entry dated 13 August 2026, but do not establish the final operative amount for the 2025–26 replacement service charges. Check the City’s official annual-budget document centre and the notice or property schedule applicable to the address for a current amount and due dates.

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How the Cambridge case differs

PerthNow reported a separate Town of Cambridge rates dispute at the same time. It said the SAT quashed Cambridge’s rates on 2 September 2025 after an overcharge of $999,739 was discovered in parts of City Beach and Floreat. That dollar figure belongs to Cambridge, not Nedlands.

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Issue Nedlands Town of Cambridge
Decision reported as quashed Service-charge resolution for underground power Rates
Date SAT action reported 10 September 2025 2 September 2025
Financial figure reported Project estimates of about $7.7 million and $16.2 million, not individual charges $999,739 overcharge reported for parts of City Beach and Floreat

The cases are both budget-related SAT matters in Perth’s western suburbs, but the reported facts do not establish identical legal grounds, household impacts or remedies.

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