Planning and Environment (Fees) (General Amendment) Regulations 1997
i
Planning and Environment (Fees) (General
Amendment) Regulations 1997
S.R. No. 151/1997
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provisions 1
3. Principal Regulations 1
4. Regulation 4B substituted 2
4B. Decisions on matters in planning schemes 2
5. Regulation 4C substituted 2
4C. Applications for permits under section 47 2
6. Regulation 5 substituted 11
5. Fees to accompany applications for planning certificates
under section 198 11
7. Regulation 6 amended 11
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1
STATUTORY RULES 1997
S.R. No. 151/1997
Planning and Environment Act 1987
Planning and Environment (Fees) (General
Amendment) Regulations 1997
The Governor in Council makes the following Regulations:
Dated: 9 December 1997
Responsible Minister:
ROBERT MACLELLAN
Minister for Planning and Local Government
SHARNE BRYAN
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to increase
the fees for—
(a) determining whether anything has been done
to the satisfaction of a responsible authority
or a referral authority;
(b) considering applications for permits;
(c) amendments to planning schemes;
(d) planning certificates.
2. Authorising provisions
These Regulations are made under sections 6, 47,
198 and 203 of the Planning and Environment
Act 1987.
3. Principal Regulations
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In these Regulations, the Planning and
Environment (Fees) Regulations 19881 are called
the Principal Regulations.
4. Regulation 4B substituted
For regulation 4B of the Principal Regulations
substitute—
"4B. 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.".
5. Regulation 4C substituted
For regulation 4C of the Principal Regulations
substitute—
"4C. Applications for permits under section 47
An application for a permit under section 47
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
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Class of Application Fee
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
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
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Class of Application Fee
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
(c) an application to
subdivide land—
to develop land if the
estimated cost of
development included
in the application is
more than $5000 and
Class of Application Fee
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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 of Application Fee
Class 8: An application, other
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Class of Application Fee
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 $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 of Application Fee
Class 10: An application, other
than—
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Class of Application Fee
(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
(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 of Application Fee
Class 12: An application, other
than—
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Class of Application Fee
(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 of Application Fee
Class 14: An application, other
than—
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Class of Application Fee
(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 $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 of Application Fee
Class 16: An application, other
than—
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Class of Application Fee
(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
(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 of Application Fee
Class 19: An application to
remove a restriction
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Class of Application Fee
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".
6. Regulation 5 substituted
For regulation 5 of the Principal Regulations
substitute—
"5. Fees to accompany applications for
planning certificates under section 198
The fee to accompany an application for a
certificate under section 198 is $14.".
7. Regulation 6 amended
In regulation 6 of the Principal Regulations, for
sub-regulations (1) to (5) substitute—
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"(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—
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
(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
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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.".
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NOTES
1 S.R. No. 24/1988. Reprinted to S.R. No. 229/1993.
Notes
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