Planning and Environment (Fees) Regulations 1998

i Planning and Environment (Fees) Regulations 1998 S.R. No. 168/1998 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 2 3. Commencement 2 4. References to the Planning and Environment Act 1987 2 5. Power to waive or rebate the payment of a fee 2 6. Decisions on matters in planning schemes 4 7. Applications for permits under section 47 or 96A 4 8. Combined applications 10 9. Fees to accompany applications for planning certificates under section 198 11 10. Fees for amendments to planning schemes 11 ═══════════════ -- 1 of 14 -- 1 STATUTORY RULES 1998 S.R. No. 168/1998 Planning and Environment Act 1987 Planning and Environment (Fees) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 15 December 1998 Responsible Minister: ROBERT MACLELLAN Minister for Planning and Local Government SHARNE BRYAN Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to prescribe fees for determining whether anything has been done to the satisfaction of a responsible authority or a referral authority; and (b) to prescribe fees for considering applications for permits; and (c) to prescribe fees for amendments to planning schemes; and (d) to prescribe the fee for planning certificates; and (e) to empower a responsible authority, a planning authority or the Minister to waive or rebate the payment of a fee in specified circumstances. -- 2 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 2 2. Authorising provisions These Regulations are made under sections 47, 96A, 198 and 203 of the Planning and Environment Act 1987. 3. Commencement These Regulations come into operation on 10 February 1999. 4. References to the Planning and Environment Act 1987 A reference in these Regulations to a section is a reference to a section of the Planning and Environment Act 1987 unless a contrary intention appears. 5. Power to waive or rebate the payment of a fee (1) A responsible authority may waive or rebate the payment of a fee if— (a) an application is withdrawn and a new application is submitted; or (b) in the opinion of the authority the payment of the prescribed fee is not warranted because of the minor nature of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 authority the requested service imposes on the authority no appreciable burden or a lesser burden than usual. (2) A planning authority or the Minister may waive or rebate the payment of a fee for an amendment to a planning scheme if the planning authority or the Minister as the case may be considers that the circumstances of any amendment are such that it would be unreasonable or undesirable to charge the prescribed fee. r. 2 -- 3 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 3 (3) In considering whether to waive or rebate a fee in accordance with sub-regulation (2), the matters which the planning authority or the Minister may take into account include but are not limited to— (a) whether the amendment or requested amendment is intended to implement State, regional or local policy; (b) whether the amendment or requested amendment is intended to remove errors or anomalies in the planning scheme; (c) whether the requested service imposes on the authority or Minister no appreciable burden or a lesser burden than usual for supplying that service; (d) whether a request to amend a planning scheme, to consider submissions, or to approve an amendment has been withdrawn and a new request submitted; (e) whether the amendment rewrites and restructures the scheme so that it may be more readily understood, without changing planning policy; (f) whether the amendment implements a general review of the planning scheme, is to implement a new use or development strategy, or is otherwise designed to upgrade and improve the scheme in the public interest; (g) whether the amendment or requested amendment has been requested by a person or group of persons standing to gain a financial benefit from its approval, or is otherwise intended to benefit financially an owner or group of owners; r. 5 -- 4 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 4 (h) whether the amendment combines more than one separate item into one amendment. 6. Decisions on matters in planning schemes If a planning scheme specifies that a matter must be done to the satisfaction of the responsible authority or a referral authority and the owner, user or developer of the land asks that authority for a decision on that matter, the request is to be accompanied by a fee— (a) for residential development only $70 (b) for all other development $135. 7. Applications for permits under section 47 or 96A An application for a permit under section 47 or section 96A must be accompanied by the fee set out for an application of that particular class, as follows: Class of Application Fee Class 1: An application, other than an application under section 96(1), for a change of use only $135 Class 2: An application, other than— (a) an application under section 96(1); or (b) an application to subdivide land— to develop land or to use and develop land for 1 or 2 dwellings, or to undertake development ancillary to the use of the land for 1 or 2 dwellings, if the estimated cost of development included in the application is more than $5000 and not more than $250 000 $135 r. 6 -- 5 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 5 Class of Application Fee Class 3: An application, other than— (a) an application under section 96(1); or (b) an application to subdivide land— to develop land or to use and develop land for 1 or 2 dwellings, or to undertake development ancillary to the use of the land for 1 or 2 dwellings, if the estimated cost of development included in the application is more than $250 000 $280 Class 4: An application, other than— (a) an application under section 96(1); or (b) an application to undertake development ancillary to the use of the land for 1 or 2 dwellings; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is $5000 or less $70 Class 5: An application, other than— (a) an application under section 96(1); or (b) a Class 2 application; or r. 7 -- 6 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 6 Class of Application Fee (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $5000 and not more than $250 000 $280 Class 6: An application, other than— (a) an application under section 96(1); or (b) a Class 3 application; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $250 000 and not more than $500 000 $490 Class 7: An application, other than— (a) an application under section 96(1); or (b) a Class 3 application; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $500 000 and not more than $750 000 $700 Class 8: An application, other than— (a) an application under section 96(1); or Class of Application Fee r. 7 r. 7 -- 7 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 7 (b) a Class 3 application; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $750 000 and not more than $1 000 000 $1060 Class 9: An application, other than— (a) an application under section 96(1); or (b) a Class 3 application; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $1 000 000 and not more than $1 500 000 $1410 Class 10: An application, other than— (a) an application under section 96(1); or (b) a Class 3 application; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $1 500 000 and not more than $2 000 000 $1765 Class 11: An application, other than— (a) an application under section 96(1); or Class of Application Fee r. 7 -- 8 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 8 (b) a Class 3 application; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $2 000 000 and not more than $3 000 000 $2120 Class 12: An application, other than— (a) an application under section 96(1); or (b) a Class 3 application; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $3 000 000 and not more than $4 000 000 $2470 Class 13: An application, other than— (a) an application under section 96(1); or (b) a Class 3 application; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $4 000 000 and not more than $7 000 000 $2825 Class 14: An application, other than— (a) an application under section 96(1); or Class of Application Fee r. 7 -- 9 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 9 (b) a Class 3 application; or (c) an application to subdivide land— 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 $4235 Class 15: An application, other than— (a) an application under section 96(1); or (b) a Class 3 application; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $10 000 000 and not more than $20 000 000 $7060 Class 16: An application, other than— (a) an application under section 96(1); or (b) a Class 3 application; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $20 000 000 and not more than $50 000 000 $10 600 Class 17: An application, other than— (a) an application under section 96(1); or -- 10 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 10 Class of Application Fee (b) a Class 3 application; or (c) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $50 000 000 $14 120 Class 18: An application to subdivide land $280 Class 19: An application to remove a restriction within the meaning of the Subdivision Act 1988, in the circumstances described in section 47(2) of the Planning and Environment Act 1987 $135 Class 20: An application (other than a Class 19 application)— (a) to create vary or remove an easement or a restriction within the meaning of the Subdivision Act 1988; or (b) to create or remove a right of way; or (c) to vary or remove a condition in the nature of an easement in a Crown grant $280 8. Combined applications If an application is for any combination of use, development other than subdivision, subdivision and any matter referred to in Class 19 or 20 the r. 8 -- 11 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 11 fee payable to the responsible authority is calculated by adding the relevant fees for Class 1, Classes 2 to 17, Class 18 and Classes 19 to 20. 9. Fees to accompany applications for planning certificates under section 198 The fee to accompany an application for a planning certificate under section 198 is $14. 10. 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 Planning and Environment Act 1987; 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— is $700. (2) The additional fee for— (a) considering up to 20 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; and (c) making a submission in accordance with section 24(b); and (d) considering the report in accordance with section 27; and r. 9 -- 12 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 12 (e) after considering submissions and the report in accordance with section 27, if applicable abandoning the amendment in accordance with section 28— is $700. (3) If the number of submissions which seek a change to the amendment exceeds 20, the fee for taking the steps prescribed in sub-regulation (2)(b) to (e) and for considering those submissions is $1410, instead of the fee prescribed by sub-regulation (2). (4) The additional fee for— (a) adopting an amendment or a part of an amendment in accordance with section 29; and (b) submitting the amendment for approval in accordance with section 31— is $700. (5) The additional fee for— (a) considering a request to approve an amendment in accordance with section 35; and (b) giving notice of approval of an amendment in accordance with section 36— is $700. (6) The fee prescribed in sub-regulation (1) is to be paid to the planning authority by the person who requested the amendment, when the request is made. (7) The fee prescribed in sub-regulation (2) or (3) is to be paid to the planning authority by the person who requested the amendment, before the authority considers the submissions. r. 10 -- 13 of 14 -- S.R. No. 168/1998 Planning and Environment (Fees) Regulations 1998 13 (8) The fee prescribed in sub-regulation (4) is to be paid to the planning authority by the person who requested the amendment, before the authority adopts the amendment. (9) The fee prescribed in sub-regulation (5) is to be paid by the planning authority to the Minister when the amendment is submitted to the Minister for approval. ═══════════════ r. 10 -- 14 of 14 --