Planning and Environment (Fees) Regulations 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Planning and Environment (Fees) Regulations 2016
S.R. No. 120/2016
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provision 2
3 Commencement 2
4 Revocation 2
5 Definitions 3
6 Fees for stages of amendments to planning schemes 3
7 Fee for requesting the Minister to prepare an amendment to
planning scheme exempted from certain requirements 8
8 Fee for requesting the Minister to prepare an amendment to a
planning scheme prescribed under section 20A 8
9 Fees for applications for permits under section 47 8
10 Composite fee for combined permit applications 14
11 Fees for applications to amend permits under section 72 15
12 Fees for request to amend an application for a permit or an
application for an amendment to a permit 17
13 Composite fee for combined application to amend permit 17
14 Fee for application for permit when planning scheme
amendment requested 18
15 Fee for application for certificate of compliance 18
16 Fee for application for agreement to a proposal to amend or end
an agreement under section 173 of the Act 19
17 Fee for application for planning certificate 19
18 Fee for determining whether anything has been done to the
satisfaction of a person or body 19
19 Power to waive or rebate fee relating to amendment of a
planning scheme 19
20 Power to waive or rebate fee that does not relate to an
amendment to a planning scheme 21
21 Reasons for waiver or rebate of fee to be recorded 22
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Endnotes 23
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
STATUTORY RULES 2016
S.R. No. 120/2016
Planning and Environment Act 1987
Planning and Environment (Fees) Regulations 2016
The Governor in Council makes the following Regulations:
Dated: 27 September 2016
Responsible Minister:
RICHARD WYNNE
Minister for Planning
ANDREW ROBINSON
Clerk of the Executive Council
1 Objectives
The objectives of these Regulations are—
(a) to prescribe fees for the stages of
amendments to planning schemes; and
(b) to prescribe fees for considering applications
for permits and applications for amendments
to permits; and
(c) to prescribe fees for considering combined
permit applications or combined amendment
to permit applications; and
(d) to prescribe the fee for considering a request
to amend an application for—
(i) a permit; or
(ii) an amendment to a permit—
after notice of an application has been given
under section 52 of the Act; and
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(e) to prescribe the fee for considering a
combined amendment to a planning scheme
and a permit application; and
(f) to prescribe the fee for considering an
application for a certificate of compliance;
and
(g) to prescribe the fee for considering an
application for agreement to a proposal
to amend or end an agreement under
section 173 of the Act; and
(h) to prescribe the fee for considering an
application for a planning certificate; and
(i) to prescribe the fee for determining whether
anything has been done to the satisfaction of
a responsible authority, Minister, public
authority, municipal council or a referral
authority; and
(j) to empower a responsible authority, a
planning authority or the Minister to waive
or rebate the payment of a fee in specified
circumstances.
2 Authorising provision
These Regulations are made under section 203
of the Planning and Environment Act 1987.
3 Commencement
These Regulations come into operation on
13 October 2016.
4 Revocation
The Planning and Environment (Fees) Interim
Regulations 20151 are revoked.
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5 Definitions
In these Regulations—
the Act means the Planning and Environment
Act 1987;
VicSmart application means an application for
a permit to which the VicSmart planning
assessment process applies in accordance
with any applicable planning scheme.
6 Fees for stages of amendments to planning schemes
(1) The fee for the whole or any part of a stage of
the process for amending a planning scheme
specified in Column 1 of the Table at the foot
of this regulation is the fee specified in Column 2
of that Table corresponding to that stage.
(2) Despite subregulation (1) no fee is payable for an
amendment to a planning scheme prepared by the
Minister—
(a) in respect of which the Minister has
exempted himself or herself from the
requirements referred to in section 20(4)
of the Act; or
(b) that is an amendment to a planning scheme
of a class of amendment prescribed for the
purposes of section 20A(1) of the Act.
(3) Despite subregulation (1), for one year after the
commencement of these Regulations the fee for
the whole or any part of a stage of the process for
amending a planning scheme is 50% of the fee
prescribed under subregulation (1) for that stage.
(4) A fee prescribed in subregulation (1) or (3)
relating to a stage of the process of amending a
planning scheme is to be paid—
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(a) by the person who requested the
amendment to the person specified in
Column 3 of the Table at the foot of this
regulation corresponding to that stage; and
(b) at the time specified in Column 4 of that
Table corresponding to that stage.
Table
Column 1
Stage in the process for
amending a planning
scheme
Column 2
Fee
Column 3
Person to
whom fee is
paid
Column 4
Time at which
fee must be
paid
Stage 1 which consists
of—
(a) considering a
request to amend a
planning scheme;
and
(b) taking action
required by
Division 1 of
Part 3 of the Act;
and
(c) considering any
submissions
which do not seek
a change to the
amendment; and
(d) if applicable,
abandoning the
amendment.
206 fee units The planning
authority
The time at
which the
amendment is
requested.
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Column 1
Stage in the process for
amending a planning
scheme
Column 2
Fee
Column 3
Person to
whom fee is
paid
Column 4
Time at which
fee must be
paid
Stage 2 which consists
of—
(a) considering—
(i) up to and
including
10 submissions
which seek a
change to an
amendment,
and where
necessary
referring the
submissions to
a panel; or
(ii) 11 to (and
including)
20 submissions
which seek a
change to an
amendment,
and where
necessary
referring the
submissions to
a panel; or
(iii) submissions
that exceed
20 submissions
which seek to
change an
amendment,
and where
necessary
referring the
submissions to
a panel; and
1021 fee units;
or
2040 fee units;
or
2727 fee units
The planning
authority
Before the
planning
authority
considers
submissions.
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Column 1
Stage in the process for
amending a planning
scheme
Column 2
Fee
Column 3
Person to
whom fee is
paid
Column 4
Time at which
fee must be
paid
(b) providing
assistance to
a panel in
accordance with
section 158 of
the Act; and
(c) making a
submission to a
panel appointed
under Part 8 of
the Act at a
hearing
referred to in
section 24(b) of
the Act; and
(d) considering the
panel's report in
accordance with
section 27 of the
Act; and
(e) after considering
submissions and
the panel's report,
abandoning the
amendment.
Stage 3 which consists
of—
(a) adopting the
amendment or
a part of the
amendment in
accordance with
section 29 of the
Act; and
32·5 fee units
if the Minister
is not the
planning
authority or
nil fee if the
Minister is the
planning
authority
The planning
authority
Before the
planning
authority
adopts the
amendment.
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Column 1
Stage in the process for
amending a planning
scheme
Column 2
Fee
Column 3
Person to
whom fee is
paid
Column 4
Time at which
fee must be
paid
(b) submitting the
amendment for
approval by
the Minister in
accordance with
section 31 of the
Act; and
(c) giving the notice
of the approval of
the amendment
required by
section 36(2) of
the Act.
Stage 4 which consists
of—
(a) consideration
by the Minister
of a request to
approve the
amendment in
accordance with
section 35 of the
Act; and
(b) giving notice of
approval of the
amendment in
accordance with
section 36(1) of
the Act.
32·5 fee units
if the Minister
is not the
planning
authority or
nil fee units if
the Minister is
the planning
authority
The Minister At the time
the planning
authority
submits the
amendment
to the
Minister for
approval.
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7 Fee for requesting the Minister to prepare an
amendment to planning scheme exempted from
certain requirements
(1) The fee for requesting the Minister to prepare an
amendment to a planning scheme in respect of
which the Minister exempts himself or herself
from the requirements referred to in section 20(4)
of the Act is 270 fee units.
(2) A person who requests an amendment referred to
in subregulation (1) must pay the fee prescribed
under that subregulation to the Minister at the
time of making the request.
8 Fee for requesting the Minister to prepare an
amendment to a planning scheme prescribed under
section 20A
(1) The fee for requesting the Minister to prepare an
amendment to a planning scheme of a class of
amendment prescribed for the purposes of
section 20A(1) of the Act is 65 fee units.
(2) A person who requests an amendment referred to
in subregulation (1) must pay the fee prescribed
under that subregulation to the Minister at the
time of making the request.
9 Fees for applications for permits under section 47
(1) For the purposes of section 47(1)(b) of the Act,
the fee for an application for a permit (other than
an application under section 96(1) of the Act) is
the fee specified in Column 2 of the Table at the
foot of this regulation corresponding to that class
of permit.
(2) Despite subregulation (1), for one year after the
commencement of these Regulations the fee for an
application for a class 15 permit is 50% of the fee
specified in Column 2 of the Table at the foot of
this regulation corresponding to that class of
permit.
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Table
Column 1
Class of
permit
Column 2
Application
fee
Class 1 A permit relating to use of
land.
89 fee units
Class 2 A permit (other than a
class 7 permit or a permit
to subdivide or consolidate
land) to—
(a) develop land for a
single dwelling per
lot; or
(b) use and develop land
for a single dwelling
per lot; or
(c) undertake
development
ancillary to the use
of land for a single
dwelling per lot—
if the estimated cost of
development is $10 000 or
less.
13·5 fee
units
Class 3 A permit (other than a
class 8 permit or a permit
to subdivide or consolidate
land) to—
(a) develop land for a
single dwelling per
lot; or
(b) use and develop land
for a single dwelling
per lot; or
42·5 fee
units
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Column 1
Class of
permit
Column 2
Application
fee
(c) undertake
development
ancillary to the use
of land for a single
dwelling per lot—
if the estimated cost of
development is more than
$10 000 but not more than
$100 000.
Class 4 A permit (other than a
class 8 permit or a permit
to subdivide or consolidate
land) to—
(a) develop land for a
single dwelling per
lot; or
(b) use and develop land
for a single dwelling
per lot; or
(c) undertake
development
ancillary to the use
of land for a single
dwelling per lot—
if the estimated cost of
development is more than
$100 000 but no more than
$500 000.
87 fee units
Class 5 A permit (other than a
class 8 permit or a permit
to subdivide or consolidate
land) to—
(a) develop land for a
single dwelling per
lot; or
94 fee units
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Column 1
Class of
permit
Column 2
Application
fee
(b) use and develop land
for a single dwelling
per lot; or
(c) undertake
development
ancillary to the use
of land for a single
dwelling per lot—
if the estimated cost of
development is more than
$500 000 but not more
than $1 000 000.
Class 6 A permit (other than a
class 8 permit or a permit
to subdivide or consolidate
land) to—
(a) develop land for a
single dwelling per
lot; or
(b) use and develop land
for a single dwelling
per lot; or
(c) undertake
development
ancillary to the use
of land for a single
dwelling per lot—
if the estimated cost of
development is more than
$1 000 000 but not more
than $2 000 000.
101 fee units
Class 7 A permit that is the subject
of a VicSmart application,
if the estimated cost of the
development is $10 000 or
less.
13·5 fee
units
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Column 1
Class of
permit
Column 2
Application
fee
Class 8 A permit that is the subject
of a VicSmart application,
if the estimated cost of the
development is more than
$10 000.
29 fee units
Class 9 A permit that is the subject
of a VicSmart application
to subdivide or consolidate
land.
13·5 fee
units
Class 10 A permit to develop
land (other than a class 2,
class 3, class 7 or class 8
permit or a permit to
subdivide or consolidate
land) if the estimated cost
of development is less than
$100 000.
77·5 fee
units
Class 11 A permit to develop
land (other than a class 4,
class 5 or class 8 permit or
a permit to subdivide or
consolidate land) if the
estimated cost of
development is more
than $100 000 and not
more than $1 000 000.
104·5 fee
units
Class 12 A permit to develop
land (other than a class 6
or class 8 permit or a
permit to subdivide or
consolidate land) if the
estimated cost of
development is more
than $1 000 000 and not
more than $5 000 000.
230·5 fee
units
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Column 1
Class of
permit
Column 2
Application
fee
Class 13 A permit to develop
land (other than a class 8
permit or a permit to
subdivide or consolidate
land) if the estimated cost
of development is more
than $5 000 000 and not
more than $15 000 000.
587·5 fee
units
Class 14 A permit to develop
land (other than a class 8
permit or a permit to
subdivide or consolidate
land) if the estimated cost
of development is more
than $15 000 000 and not
more than $50 000 000.
1732·5 fee
units
Class 15 A permit to develop
land (other than a class 8
permit or a permit to
subdivide or consolidate
land) if the estimated cost
of development is more
than $50 000 000.
3894 fee
units
Class 16 A permit to subdivide
an existing building
(other than a class 9
permit).
89 fee units
Class 17 A permit to subdivide
land into 2 lots (other than
a class 9 or class 16
permit).
89 fee units
Class 18 A permit to effect a
realignment of a common
boundary between lots or
to consolidate 2 or more
lots (other than a class 9
permit).
89 fee units
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Column 1
Class of
permit
Column 2
Application
fee
Class 19 A permit to subdivide
land (other than a class 9,
class 16, class 17 or class
18 permit).
89 fee units
per 100 lots
created
Class 20 A permit to—
(a) create, vary or
remove a restriction
within the meaning
of the Subdivision
Act 1988; or
(b) create or remove a
right of way; or
(c) create, vary or
remove an easement
other than a right of
way; or
(d) vary or remove
a condition in
the nature of an
easement (other than
a right of way) in a
Crown grant.
89 fee units
Class 21 A permit not otherwise
provided for in this
regulation.
89 fee units
10 Composite fee for combined permit applications
The fee for an application for more than
one class of permit set out in the Table at the
foot of regulation 9 is the sum of—
(a) the highest of the fees which would have
applied if separate applications had been
made; and
(b) 50% of each of the other fees which would
have applied if separate applications had
been made.
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11 Fees for applications to amend permits under
section 72
For the purposes of section 72 of the Act, the fee
for an application to amend a permit is the fee
specified in Column 2 of the Table at the foot of
this regulation corresponding to that class of
amendment to a permit.
Table
Column 1
Class of
amendment
to permit
Column 2
Application
fee
Class 1 An amendment to a
permit to—
(a) change the use of
land allowed by the
permit; or
(b) allow a new use of
land.
89 fee units
Class 2 An amendment to a
permit (other than a permit
to develop land for a single
dwelling per lot or to use
and develop land for a
single dwelling per lot or
to undertake development
ancillary to the use of land
for a single dwelling per
lot)—
(a) to change the
statement of what the
permit allows; or
(b) to change any or all
of the conditions
which apply to the
permit.
89 fee units
Class 3 An amendment to a
class 2 permit.
13·5 fee
units
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Column 1
Class of
amendment
to permit
Column 2
Application
fee
Class 4 An amendment to a
class 3 permit.
42·5 fee
units
Class 5 An amendment to a
class 4 permit.
87 fee units
Class 6 An amendment to a
class 5 or 6 permit.
94 fee units
Class 7 An amendment to a
class 7 permit.
13·5 fee
units
Class 8 An amendment to a
class 8 permit.
29 fee units
Class 9 An amendment to a
class 9 permit.
13·5 fee
units
Class 10 An amendment to a
class 10 permit.
77·5 fee
units
Class 11 An amendment to a
class 11 permit.
104·5 fee
units
Class 12 An amendment to a
class 12, 13, 14 or 15
permit.
230·5 fee
units
Class 13 An amendment to a
class 16 permit.
89 fee units
Class 14 An amendment to a
class 17 permit.
89 fee units
Class 15 An amendment to a
class 18 permit.
89 fee units
Class 16 An amendment to a
class 19 permit.
89 fee units
per 100 lots
created
Class 17 An amendment to a
class 20 permit.
89 fee units
Class 18 An amendment to a
class 21 permit.
89 fee units
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12 Fees for request to amend an application for a
permit or an application for an amendment to a
permit
(1) For the purposes of section 57A(3)(a) of the Act,
the fee for a request to amend an application for
a permit after notice of the application has been
given under section 52 of the Act is 40% of the
application fee for that class of permit set out
in the Table at the foot of regulation 9 and any
additional fee prescribed under subregulation (3).
(2) For the purposes of section 57A(3)(a) of the Act,
the fee for a request to amend an application to
amend a permit after notice of the application
has been given under section 52 of the Act is 40%
of the application fee for that class of amendment
to a permit set out in the Table at the foot of
regulation 11 and any additional fee prescribed
under subregulation (3).
(3) If an amendment to an application for a permit
referred to in subregulation (1) or an amendment
to an application to amend a permit referred to
in subregulation (2) were to have the effect of
changing the class of that permit to a permit of
a new class having a higher application fee set
out in the Table at the foot of regulation 9, the
applicant must pay an additional fee being the
difference between the application fee for the
permit that is to be amended and the application
fee for the new class of permit set out in that
Table.
13 Composite fee for combined application to amend
permit
The fee for an application for any
combination of matters set out in one or more
classes of application in the Table at the foot
of regulation 11 is the sum of—
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(a) the highest of the fees which would have
applied if separate applications had been
made; and
(b) 50% of each of the other fees which would
have applied if separate applications had
been made.
14 Fee for application for permit when planning
scheme amendment requested
(1) For the purposes of section 96A(4)(a) of the Act,
the fee for an application for a permit when an
amendment to a planning scheme is requested is
50% of the fee which would have applied if the
application for the permit had been made
separately.
(2) If the application for a permit referred to in
subregulation (1) is for more than one class
of permit set out in the Table at the foot of
regulation 9, the fee for the permit is the highest
of the fees which would have applied if separate
applications for the permits had been made.
Note
The fee for the purposes of section 96A(4)(a) is in addition
to any fee or fees for the amendment to the planning scheme
prescribed under regulation 6.
15 Fee for application for certificate of compliance
For the purposes of section 97N(2) of the Act,
the fee for an application for a certificate of
compliance is 22 fee units.
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16 Fee for application for agreement to a proposal to
amend or end an agreement under section 173 of the
Act
For the purposes of section 178A(2)(c) of the Act,
the fee for an application for agreement by the
responsible authority to a proposal to amend or
end an agreement under section 173 of the Act is
44·5 fee units.
17 Fee for application for planning certificate
For the purposes of section 198(2) of the Act, the
fee for an application for a planning certificate
is—
(a) 1· 5 fee units where the application is not
made electronically;
(b) $7.00 where the application is made and
finalised electronically.
18 Fee for determining whether anything has been
done to the satisfaction of a person or body
(1) If a planning scheme specifies that a matter
must be done to the satisfaction of a responsible
authority, Minister, public authority, municipal
council or a referral authority, the fee for
determining if that matter has been done
satisfactorily is 22 fee units.
(2) The person who seeks a determination under
subregulation (1) must pay the fee prescribed
under that subregulation to the person who or
which is to make the determination when the
determination is requested.
19 Power to waive or rebate fee relating to amendment
of a planning scheme
A planning authority or the Minister may wholly
or in part waive or rebate the payment of a fee for
considering a request to amend a planning scheme
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or carrying out any stage of the process for
amending a planning scheme if—
(a) the request has been withdrawn and a new
request submitted in its place; or
(b) the amendment combines separate
items from more than one request for an
amendment to a planning scheme into one
amendment; or
(c) in the opinion of the planning authority or
the Minister—
(i) the request imposes on the planning
authority or the Minister (as the case
may be) no appreciable burden or a
lesser burden than usual for supplying
that service; or
(ii) the primary intention of the
amendment is to substantially assist in
the implementation of State, regional
or local policy; or
(iii) the primary intention of the amendment
is to upgrade and improve the planning
scheme in the public interest; or
(iv) the amendment implements a review of
the planning scheme completed under
section 12B of the Act; or
(v) the amendment rewrites and
restructures the planning scheme so
that it may be more readily understood,
without changing the planning policy;
or
(vi) the primary intention of the
amendment is to make the planning
scheme consistent in form and content
with the directions or guidelines issued
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by the Minister under section 7 of the
Act; or
(vii) the primary intention of the amendment
is to remove errors or anomalies in the
planning scheme; or
(viii) the request has been made by a person
or group of persons standing to gain no
financial benefit from the amendment;
or
(ix) the amendment is not intended to
financially benefit an owner or group
of owners of land.
20 Power to waive or rebate fee that does not relate to
an amendment to a planning scheme
A responsible authority or the Minister may
wholly or in part waive or rebate the payment
of a fee, which the responsible authority or the
Minister has received in connection with matters
that do not relate to an amendment to a planning
scheme, if—
(a) an application is withdrawn and a new
application is submitted in its place; or
(b) in the opinion of the responsible authority
or the Minister the payment of the fee is not
warranted because—
(i) of the minor nature of the consideration
of the matter decided or to be decided;
or
(ii) the requested service imposes on the
responsible authority or the Minister
(as the case may be) no appreciable
burden or a lesser burden than usual
for supplying that service; or
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(c) in the opinion of the responsible authority
or the Minister (as the case may be) the
application or determination assists—
(i) the proper development of the State,
region or municipal district; or
(ii) the proper development of part of the
State, region or municipal district; or
(iii) the preservation of buildings or
places in the State, region or municipal
district which are of historical or
environmental interest; or
(d) the application relates to land used
exclusively for charitable purposes.
21 Reasons for waiver or rebate of fee to be recorded
If a planning authority, responsible authority or
the Minister wholly or partly waives or rebates the
payment of a fee under regulation 19 or 20, the
authority or Minister (as the case requires) must
cause the matters taken into account and which
formed the basis of the decision to waive or rebate
the fee to be recorded in writing.
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Endnotes
Planning and Environment (Fees) Regulations 2016
S.R. No. 120/2016
23
Authorised by the Chief Parliamentary Counsel
Endnotes
1 Reg. 4: S.R. No. 116/2015.
——
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2016 is
$13.94. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
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