Planning and Environment (Fees) Further Interim Regulations 2013
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Authorised Version
i
Planning and Environment (Fees) Further Interim
Regulations 2013
S.R. No. 127/2013
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provision 2
3 Commencement 2
4 Revocation 2
5 Definition 2
6 Fees for amendments to planning schemes 3
7 Fees for applications for permits under section 47 4
8 Composite fee for combined permit applications 10
9 Fee for request to amend an application for a permit or an
application for an amendment to a permit 11
10 Fees for applications to amend permits under section 72 11
11 Composite fee for combined application to amend permit 15
12 Combined permit application and planning scheme amendment
fee 15
13 Fee for application for certificates of compliance 16
14 Fee for application for planning certificates 16
15 Fee for determining whether anything has been done to the
satisfaction of a responsible authority, Minister, public
authority, municipal council or a referral authority 16
16 Power to waive or rebate fee other than fee relating to
amendment to a planning scheme 17
17 Power to waive or rebate fee relating to amendment of a
planning scheme 18
18 Reasons for waiver or rebate of fee to be recorded 19
19 Expiry 19
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Authorised Version
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STATUTORY RULES 2013
S.R. No. 127/2013
Planning and Environment Act 1987
Planning and Environment (Fees) Further Interim
Regulations 2013
The Lieutenant-Governor as the Governor's deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 17 October 2013
Responsible Minister:
MATTHEW GUY
Minister for Planning
YVETTE CARISBROOKE
Clerk of the Executive Council
1 Objectives
The objectives of these Regulations are—
(a) to prescribe fees for 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
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(ii) an amendment to a permit—
after notice of an application has been given
under section 52 of the Act; and
(e) to prescribe fees 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 a planning certificate; and
(h) to prescribe fees for determining whether
anything has been done to the satisfaction of
a responsible authority, Minister, public
authority, municipal council or a referral
authority; and
(i) 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
19 October 2013.
4 Revocation
The Planning and Environment (Fees) Interim
Regulations 2013 1 are revoked.
5 Definition
In these Regulations the Act means the Planning
and Environment Act 1987.
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6 Fees for amendments to planning schemes
(1) The fee for—
(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 in
accordance with section 28 of the Act—
is $798.
(2) The additional fee for—
(a) considering submissions which seek a
change to an amendment, and where
necessary referring the submissions to a
panel; and
(b) providing assistance to a panel in accordance
with section 158 of the Act; and
(c) making a submission in accordance with
section 24(b) of the Act; and
(d) considering the report in accordance with
section 27 of the Act; and
(e) after considering submissions and the report
in accordance with section 27 of the Act, if
applicable, abandoning the amendment in
accordance with section 28 of the Act—
is $798.
(3) The additional fee for—
(a) adopting an amendment or a part of an
amendment in accordance with section 29 of
the Act; and
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(b) submitting the amendment for approval in
accordance with section 31 of the Act—
is $524.
(4) The additional fee for—
(a) considering a request to approve an
amendment in accordance with section 35 of
the Act; and
(b) giving notice of approval of an amendment
in accordance with section 36 of the Act—
is $798.
(5) The fee prescribed in subregulation (1) is to be
paid to the planning authority by the person who
requested the amendment, at the time at which the
amendment is requested.
(6) The fee prescribed in subregulation (2) is to be
paid to the planning authority by the person who
requested the amendment, before the authority
considers the submissions.
(7) The fee prescribed in subregulation (3) is to be
paid to the planning authority by the person who
requested the amendment, before the authority
adopts the amendment.
(8) The fee prescribed in subregulation (4) is to be
paid to the Minister by the person who requested
the amendment when the amendment is submitted
to the Minister for approval.
7 Fees for applications for permits under section 47
For the purposes of section 47(1)(b) of the Act,
the prescribed 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
following Table corresponding to that class of
application in Column 1 of the Table.
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Table
Column 1
Class of
application
Column 2
Fee
Class 1 An application for use
only.
$502
Class 2 An application (other than
an application to subdivide
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 included in
the application is more
than $10 000 and not more
than $100 000.
$239
Class 3 An application (other than
an application to subdivide
land) to—
(a) develop land for a
single dwelling per
lot; or
(b) use and develop land
for a single dwelling
per lot; or
$490
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Column 1
Class of
application
Column 2
Fee
(c) undertake
development
ancillary to the use
of land for a single
dwelling per lot—
if the estimated cost of
development included in
the application is more
than $100 000.
Class 4 An application to develop
land if the estimated cost
of development included in
the application is $10 000
or less, other than—
(a) an application to
undertake
development
ancillary to the use
of land for a single
dwelling per lot; or
(b) an application to
subdivide land.
$102
Class 5 An application to develop
land if the estimated cost
of development included in
the application is more
than $10 000 and not more
than $250 000, other
than—
(a) a Class 2 or Class 3
application; or
(b) an application to
subdivide land.
$604
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Column 1
Class of
application
Column 2
Fee
Class 6 An application to develop
land if the estimated cost
of development included in
the application is more
than $250 000 and not
more than $500 000, other
than—
(a) a Class 3
application; or
(b) an application to
subdivide land.
$707
Class 7 An application to develop
land if the estimated cost
of development included in
the application is more
than $500 000 and not
more than $1 000 000,
other than—
(a) a Class 3
application; or
(b) an application to
subdivide land.
$815
Class 8 An application to develop
land if the estimated cost
of development included in
the application is more
than $1 000 000 and not
more than $7 000 000,
other than—
(a) a Class 3
application; or
(b) an application to
subdivide land.
$1153
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Column 1
Class of
application
Column 2
Fee
Class 9 An application to develop
land if the estimated cost
of development included in
the application is more
than $7 000 000 and not
more than $10 000 000,
other than—
(a) a Class 3
application; or
(b) an application to
subdivide land.
$4837
Class 10 An application to develop
land if the estimated cost
of development included in
the application is more
than $10 000 000 and not
more than $50 000 000,
other than—
(a) a Class 3
application; or
(b) an application to
subdivide land.
$8064
Class 11 An application to develop
land if the estimated cost
of development included in
the application is more
than $50 000 000, other
than—
(a) a Class 3
application; or
(b) an application to
subdivide land.
$16130
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Column 1
Class of
application
Column 2
Fee
Class 12 An application to
subdivide an existing
building.
$386
Class 13 An application, other
than a Class 12
application, to subdivide
land into 2 lots.
$386
Class 14 An application to effect a
realignment of a
common boundary
between lots or to
consolidate 2 or more
lots.
$386
Class 15 An application to
subdivide land, other
than a Class 12, Class 13
or Class 14 application.
$781
Class 16 An application to remove
a restriction (within the
meaning of the
Subdivision Act 1988)
over land if the land has
been used or developed
for more than 2 years
before the date of the
application in a manner
which would have been
lawful under the Act but
for the existence of the
restriction.
$249
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Column 1
Class of
application
Column 2
Fee
Class 17 An application (other
than a Class 16
application) 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.
$541
Class 18 An application (other
than a Class 16
application) to—
(a) create, vary or
remove an
easement other
than a right of
way; or
(b) vary or remove a
condition in the
nature of an
easement (other
than a right of
way) in a Crown
grant.
$404
8 Composite fee for combined permit applications
The prescribed fee for an application for any
combination of matters set out in separate classes
in the Table in regulation 7 is the sum of—
(a) the highest of the fees which would have
applied if separate applications had been
made; and
(b) 50 per cent of each of the other fees which
would have applied if separate applications
had been made.
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9 Fee 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 prescribed 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 $102 for every class of application
(other than a class 4 application) set out in the
Table in regulation 7.
(2) For the purposes of section 57A(3)(a) of the Act,
the prescribed 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 $102 for every class of application
(other than a class 5 application) set out in the
Table in regulation 10.
10 Fees for applications to amend permits under
section 72
The prescribed fee for an application to amend a
permit under section 72 of the Act is the fee
specified in Column 2 of the following Table
corresponding to that class of application
specified in Column 1 of the Table.
Table
Column 1
Class of
application
Column 2
Fee
Class 1 An application to amend a
permit to use land if that
amendment is to change
the use for which the land
may be used.
$502
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Column 1
Class of
application
Column 2
Fee
Class 2 An application to amend a
permit (other than a permit
to develop land or to use
and develop land for a
single dwelling per lot or
to undertake development
ancillary to the use of the
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; or
(c) in any way not
otherwise provided
for in this regulation.
$502
Class 3 An application to amend a
permit (other than a permit
to subdivide 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—
$239
if the estimated cost of any
additional development to
be permitted by the
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Column 1
Class of
application
Column 2
Fee
amendment is more than
$10 000 and not more than
$100 000.
Class 4 An application to amend a
permit (other than a permit
to subdivide 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 any
additional development to
be permitted by the
amendment is more than
$100 000.
$490
Class 5 An application to amend a
permit to develop land,
other than—
(a) a permit to undertake
development
ancillary to the use
of the land for a
single dwelling per
lot where the total
estimated cost of the
development
originally permitted
and the additional
development to be
permitted by the
$102
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Column 1
Class of
application
Column 2
Fee
amendment is not
more than $10 000;
or
(b) a permit to subdivide
land—
if the estimated cost of any
additional development to
be permitted by the
amendment is $10 000 or
less.
Class 6 An application (other than
a Class 3 or a Class 4
application) to amend a
permit if the estimated cost
of any additional
development to be
permitted by the
amendment is more than
$10 000 and not more than
$250 000.
$604
Class 7 An application (other than
a Class 4 application) to
amend a permit if the
estimated cost of any
additional development to
be permitted by the
amendment is more than
$250 000 and not more
than $500 000.
$707
Class 8 An application (other than
a Class 4 application) to
amend a permit if the
estimated cost of any
additional development to
be permitted by the
amendment is more than
$500 000.
$815
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Column 1
Class of
application
Column 2
Fee
Class 9 An application to amend a
permit to—
(a) subdivide an existing
building; or
(b) subdivide land into
2 lots; or
(c) effect a realignment
of a common
boundary between
lots or to consolidate
2 or more lots.
$386
11 Composite fee for combined application to amend
permit
The prescribed fee for an application to amend a
permit for any combination of matters set out in
separate classes in the Table in regulation 10 is the
sum of—
(a) the highest of the fees which would have
applied if separate applications to amend the
permit had been made; and
(b) 50 per cent of each of the other fees which
would have applied if separate applications
to amend the permit had been made.
12 Combined permit application and planning scheme
amendment fee
(1) For the purposes of section 96A(4)(a) of the Act,
the prescribed fee for an application for a planning
permit combined with a request for amendment of
a planning scheme is the sum of—
(a) the higher of the fees which would have
applied if separate applications had been
made; and
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(b) 50 per cent of the lower of the fees which
would have applied if separate applications
had been made.
(2) If the application for a planning permit referred to
in subregulation (1) is for any combination of
matters set out in separate classes in the Table in
regulation 7, the fee for the planning permit for
the purposes of the calculation under
subregulation (1) is the highest of the fees which
would have applied if separate applications for
planning permits had been made.
13 Fee for application for certificates of compliance
For the purposes of section 97N(2) of the Act, the
prescribed fee for an application for a certificate
of compliance is $147.
14 Fee for application for planning certificates
For the purposes of section 198(2) of the Act, the
prescribed fee for an application for a planning
certificate is $18.20.
15 Fee for determining whether anything has been
done to the satisfaction of a responsible authority,
Minister, public authority, municipal council or a
referral authority
(1) If a planning scheme specifies that a thing must be
done to the satisfaction of a responsible authority,
Minister, public authority, municipal council or a
referral authority, the prescribed fee for
determining if the thing has been done
satisfactorily is $102.
(2) The person who seeks the determination under
subregulation (1) must pay the fee for that
determination.
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16 Power to waive or rebate fee other than fee relating
to amendment to a planning scheme
A responsible authority or the Minister may
wholly or in part waive or rebate the payment of a
fee that the authority or the Minister has received
or is entitled to receive in connection with matters
other than an amendment to a planning scheme,
if—
(a) an application is withdrawn and a new
application is submitted; or
(b) an application is for land used exclusively
for charitable purposes; or
(c) in the opinion of the responsible authority or
the Minister the payment of the fee is not
warranted because of the minor nature of the
consideration of the matter decided or to be
decided; or
(d) in the opinion of the responsible authority or
the Minister the payment of the fee is not
warranted because the application or
determination imposes on the authority or
the Minister no appreciable burden or a
lesser burden than usual for supplying that
service; or
(e) in the opinion of the responsible authority or
the Minister the application or determination
assists—
(i) the proper development of the whole or
part of the State, region or municipal
district; or
(ii) the preservation of buildings or places
in the State, region or municipal district
that are of historical or environmental
interest.
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17 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
or carry out any other stage of the process for
amending a planning scheme if—
(a) a request to amend a planning scheme, to
consider submissions relating to an
amendment or to approve an amendment has
been withdrawn and a new request
submitted; or
(b) the amendment combines separate items
from multiple requests for an amendment to
a planning scheme into one amendment; or
(c) in the opinion of the planning authority or
the Minister—
(i) the amendment is intended to
implement State, regional or local
policy; or
(ii) the amendment is intended to remove
errors or anomalies in the planning
scheme; or
(iii) the request imposes on the planning
authority or the Minister no appreciable
burden or a lesser burden than usual for
supplying that service; or
(iv) the amendment rewrites and
restructures the planning scheme so that
it may be more readily understood,
without changing the planning policy;
or
(v) the amendment implements a general
review of the planning scheme, is to
implement a new use or development
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strategy or is otherwise designed to
upgrade and improve the planning
scheme in the public interest; or
(vi) the request has been made by a person
or persons standing to gain no financial
benefit from the amendment or the
amendment is not intended to benefit
financially an owner or owners of land.
18 Reasons for waiver or rebate of fee to be recorded
If a planning authority, responsible authority or
the Minister waives or rebates the payment of a
fee in accordance with regulation 16 or 17, the
matters taken into account and that formed the
basis of the decision to waive or rebate the fee
must be recorded in writing.
19 Expiry
These Regulations expire on 18 October 2014.
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ENDNOTES
1 Reg. 4: S.R. No. 42/2013.
Endnotes
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