Subdivision (Fees) Interim Regulations 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Subdivision (Fees) Interim Regulations 2015 S.R. No. 117/2015 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 2 5 Definition 2 6 Fees for applications 2 7 Fee for engineering plan prepared by Council 2 8 Fee for supervision of works 2 9 Fee for checking engineering plans 3 10 Power to waive or rebate the payment of a fee 3 11 Expiry 3 ═══════════════ Endnotes 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 117/2015 Subdivision Act 1988 Subdivision (Fees) Interim Regulations 2015 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 13 October 2015 Responsible Minister: RICHARD WYNNE Minister for Planning MATTHEW McBEATH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to prescribe fees payable to Councils and referral authorities under the Subdivision Act 1988; and (b) to empower Councils to waive or rebate the payment of a fee payable under the Subdivision Act 1988 in specified circumstances. 2 Authorising provision These Regulations are made under section 43 of the Subdivision Act 1988. 3 Commencement These Regulations come into operation on 15 October 2015. -- 2 of 5 -- Subdivision (Fees) Interim Regulations 2015 S.R. No. 117/2015 2 Authorised by the Chief Parliamentary Counsel 4 Revocation The Subdivision (Fees) Interim Regulations 20141 are revoked. 5 Definition In these Regulations, the Act means the Subdivision Act 1988. 6 Fees for applications (1) A person who applies to a Council for certification of a plan of subdivision must pay to the Council a fee of $100 plus $20 for each lot to be created by the subdivision. (2) A person who applies to a Council for certification of a plan, other than a plan of subdivision, must pay to the Council a fee of $100. (3) A fee payable under this regulation must be paid at the time at which the application is made. 7 Fee for engineering plan prepared by Council If a Council prepares an engineering plan under section 15(6) of the Act, the maximum prescribed fee the Council may charge the applicant is 3⋅5 per cent of the estimated cost of constructing the works proposed on the engineering plan. 8 Fee for supervision of works If a Council or referral authority appoints a person to supervise the construction of works under section 17(2)(a) of the Act, the maximum prescribed fee that the Council or referral authority (as the case may be) may charge under section 17(2)(b) of the Act is 2⋅5 per cent of the estimated cost of constructing the works. -- 3 of 5 -- Subdivision (Fees) Interim Regulations 2015 S.R. No. 117/2015 3 Authorised by the Chief Parliamentary Counsel 9 Fee for checking engineering plans (1) A Council may fix a fee for considering an engineering plan submitted under section 15 of the Act. (2) The maximum fee that may be fixed by a Council under subregulation (1) is 0·75 per cent of the estimated cost of constructing the works proposed on the engineering plan. (3) An applicant who submits an engineering plan to a Council under section 15 of the Act must pay the Council the fee (if any) fixed by the Council under subregulation (1) when the plan is submitted. 10 Power to waive or rebate the payment of a fee A Council may waive or rebate the payment of all or part of any fee payable under the Act if— (a) an application under the Act is withdrawn and a new application is submitted; or (b) in the opinion of the Council, the payment of the fee is not warranted because of the minor nature of the consideration of the matter to be decided; or (c) in the opinion of the Council, the requested service imposes on the Council no appreciable burden or a lesser burden than usual for that type of service. 11 Expiry These Regulations expire on 14 October 2016. ═══════════════ -- 4 of 5 -- Endnotes Subdivision (Fees) Interim Regulations 2015 S.R. No. 117/2015 4 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 164/2014. -- 5 of 5 --