Subdivision (Fees) Interim Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Subdivision (Fees) Interim Regulations 2011 S.R. No. 64/2011 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 2011 S.R. No. 64/2011 Subdivision Act 1988 Subdivision (Fees) Interim Regulations 2011 The Governor in Council makes the following Regulations: Dated: 19 July 2011 Responsible Minister: MATTHEW GUY 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 24 July 2011. -- 2 of 5 -- S.R. No. 64/2011 Subdivision (Fees) Interim Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 4 Revocation The Subdivision (Permit and Certification Fees) Regulations 2000 1 are revoked. 5 Definition In these Regulations, the Act means the Subdivision Act 1988. 6 Fees for applications (1) A person who applies to the Council for certification of a plan of subdivision must pay a fee of $100 plus $20 for each lot to be created by the subdivision. (2) A person who applies to the Council for certification of a plan, other than a plan of subdivision, must pay 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 applicant must pay the Council the prescribed fee being 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 construction of works under section 17(2)(b) of the Act, the applicant must pay to the Council or referral authority (as the case may be) a prescribed fee being 2⋅5 per cent of the estimated cost of constructing the works. r. 4 -- 3 of 5 -- S.R. No. 64/2011 Subdivision (Fees) Interim Regulations 2011 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). (4) A fee payable under subregulation (3) must be paid at the time at which the engineering 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 prescribed 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. 11 Expiry These Regulations expire on 23 July 2012. ═══════════════ r. 9 -- 4 of 5 -- S.R. No. 64/2011 Subdivision (Fees) Interim Regulations 2011 4 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 94/2000 as extended in operation by S.R. No. 20/2010. Endnotes -- 5 of 5 --