Planning and Environment (Fees) Amendment Regulations 2009

i Planning and Environment (Fees) Amendment Regulations 2009 S.R. No. 89/2009 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Fees for amendments to planning schemes 2 6 Applications for permits under section 47 2 7 Fees to amend applications 7 8 Applications for amendments to permits under section 72 7 9 Certificates of compliance 10 10 Fees to accompany applications for planning certificates under section 198 10 11 Fees for determinations 10 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 2009 S.R. No. 89/2009 Planning and Environment Act 1987 Planning and Environment (Fees) Amendment Regulations 2009 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 18 August 2009 Responsible Minister: JUSTIN MADDEN Minister for Planning TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Planning and Environment (Fees) Regulations 2000 to increase fees payable under the Planning and Environment Act 1987. 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 1 August 2009. -- 2 of 12 -- S.R. No. 89/2009 Planning and Environment (Fees) Amendment Regulations 2009 2 4 Principal Regulations In these Regulations, the Planning and Environment (Fees) Regulations 2000 1 are called the Principal Regulations. 5 Fees for amendments to planning schemes (1) In regulation 6(1) of the Principal Regulations, for "$775" substitute "$798". (2) In regulation 6(2) of the Principal Regulations, for "$775" substitute "$798". (3) In regulation 6(3) of the Principal Regulations, for "$509" substitute "$524". (4) In regulation 6(4) of the Principal Regulations, for "$775" substitute "$798". 6 Applications for permits under section 47 In regulation 7 of the Principal Regulations, for the table of fees substitute— " Class of application 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 r. 4 -- 3 of 12 -- S.R. No. 89/2009 Planning and Environment (Fees) Amendment Regulations 2009 3 Class of application Fee 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 (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. $490 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 r. 6 -- 4 of 12 -- S.R. No. 89/2009 Planning and Environment (Fees) Amendment Regulations 2009 4 Class of application 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 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 r. 6 -- 5 of 12 -- S.R. No. 89/2009 Planning and Environment (Fees) Amendment Regulations 2009 5 Class of application Fee 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 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 or Class 13 or Class 14 application. $781 r. 6 -- 6 of 12 -- S.R. No. 89/2009 Planning and Environment (Fees) Amendment Regulations 2009 6 Class of application Fee 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 Planning and Environment Act 1987 but for the existence of the restriction. $249 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 ". r. 6 -- 7 of 12 -- S.R. No. 89/2009 Planning and Environment (Fees) Amendment Regulations 2009 7 7 Fees to amend applications In regulations 8A(1) and 8A(2) of the Principal Regulations, for "$99" substitute "$102". 8 Applications for amendments to permits under section 72 In regulation 8B of the Principal Regulations, for the table of fees substitute— " Class of application 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 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 r. 7 -- 8 of 12 -- S.R. No. 89/2009 Planning and Environment (Fees) Amendment Regulations 2009 8 Class of application Fee 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— if the estimated cost of any additional development to be permitted by the amendment is more than $10 000 and not more than $100 000. $239 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 r. 8 -- 9 of 12 -- S.R. No. 89/2009 Planning and Environment (Fees) Amendment Regulations 2009 9 Class of application Fee 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 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. $102 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 r. 8 -- 10 of 12 -- S.R. No. 89/2009 Planning and Environment (Fees) Amendment Regulations 2009 10 Class of application 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 ". 9 Certificates of compliance In regulation 10 of the Principal Regulations, for "$143" substitute "$147". 10 Fees to accompany applications for planning certificates under section 198 In regulation 11 of the Principal Regulations, for "$17.70" substitute "$18.20". 11 Fees for determinations In regulation 12 of the Principal Regulations, for "$99" substitute "$102". ═══════════════ r. 9 -- 11 of 12 -- S.R. No. 89/2009 Planning and Environment (Fees) Amendment Regulations 2009 11 ENDNOTES 1 Reg. 4: S.R. No. 72/2000. Reprint No. 1 as at 19 June 2008. Reprinted to S.R. No. 110/2007 and subsequently amended by S.R. No. 122/2008. Endnotes -- 12 of 12 --