Development (Review of Fees) Variation Regulations 2006 (SA)

South Australia

Development (Review of Fees) Variation Regulations 2006

under the Development Act 1993

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Development Regulations 1993

1. Variation of regulation 46—Special provision relating to staged consents

2. Variation of regulation 63B—Prescribed fee

3. Variation of regulation 93A—Register of private certifiers

4. Substitution on Schedule 6

   Schedule 6—Fees

5. Variation of Schedule 7

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development (Review of Fees) Variation Regulations 2006.

2—Commencement

These regulations will come into operation on 1 July 2006.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Development Regulations 1993

4—Variation of regulation 46—Special provision relating to staged consents

Regulation 46—after subregulation (2) insert:

(3)The requirement under subregulation (1) does not arise unless or until the Development Authorisation (Staged Consents) Fee under Schedule 6 has been paid, if relevant.

5—Variation of regulation 63B—Prescribed fee

1. Regulation 63B(1)(a)—delete "$1 313" and substitute:

   $1 363

2. Regulation 63B(1)(b)—after "components (2)" insert:

   (c) or (d)

3. Regulation 63B(1)—after paragraph (b) insert:

   plus

   (c)if the development cost exceeds $100 000—0.25 per cent of the development cost up to a maximum amount determined by the Minister.

4. Regulation 63B—after subregulation (4) insert:

   (5)In this regulation—

   development cost does not include any fit-out costs.

6—Variation of regulation 93A—Register of private certifiers

1. Regulation 93A(2)(b)—delete "$66" and substitute:

   $107

2. Regulation 93A(5)(a)—delete "$39.25" and substitute:

   $53.50

7—Substitution on Schedule 6

Schedule 6—delete Schedule 6 and substitute:

Schedule 6—Fees

1The following fees are payable in relation to an application under Part 4 of the Act:

(1)	A Lodgement Fee (the base amount)	$45.00
plus
(a)    if the application is seeking the relevant authority to assess a non-complying development under the Development Plan, other than where the application relates to development that involves the division of land; and	$72.00
(b)    if the application is seeking the relevant authority to assess an application that relates to the division of land—
(i)     if the number of allotments resulting from the division under the application is equal to or less than the number of existing allotments; or	$36.00
(ii)    if the number of allotments resulting from the division under the application is greater than the number of existing allotments; and	$105.00
(c)     if the application is seeking the relevant authority to assess the development against the provisions of the Building Rules and the development cost exceeds $5 000	$51.00
(2)	If the application requires the relevant authority to assess the development against the provisions of the relevant Development Plan, other than where the application relates—
(a)    to a complying development under these regulations or the Development Plan; or
(b)    to a proposed division of land into allotments which does not involve the performance of building work,
a Development Plan Assessment Fee of the following amount:
(c)     if the development cost does not exceed $10 000	$28.00
(d)    if the development cost exceeds $10 000 but does not exceed $100 000	$77.00
(e)     if the development cost exceeds $100 000	0.125 per cent of the development cost up to a maximum of $200 000
(3)	If the application relates to a proposed division of land—
(a)    other than where the application relates to a complying development under these regulations or the Development Plan, a Land Division Fee of the following amount:
(i)     if the number of allotments resulting from the division is equal to or less than the number of existing allotments	$52.00
(ii)    if the number of allotments resulting from the division is greater than the number of existing allotments	$114.00 plus $10.70 for each allotment up to a maximum of $5 190
and
(b)    a Statement of Requirements Fee for the purposes of section 33(1)(c) or (d) of the Act—
(i)     if the number of allotments resulting from the division is equal to or less than the existing number of allotments	$212.00
(ii)    if the number of allotments resulting from the division is greater than the number of existing allotments	$300.00
and
(c)     a Development Assessment Commission Consultation Report Fee—
(i)     if the number of allotments resulting from the division is equal to or less than the existing number of allotments	$50.00
(ii)    if the number of allotments resulting from the division is greater than the existing number of allotments	$150.00
and
(d)    a Certificate of Approval Fee for the purposes of section 51 of the Act—
(i)     if the number of allotments resulting from the division is equal to or less than the existing number of allotments	$75.00
(ii)    if the number of allotments resulting from the division is greater than the existing number of allotments	$250.00
(4)	If the application relates to a proposed development that is of a kind described as a non-complying development under the relevant Development Plan—
(a)    a Non-complying Development Administration Fee (in respect of the requirement for a concurrence under section 35(2) of the Act (one fee))	$91.00
and
(b)    a Non-complying Development Assessment Fee of the following amount (unless no assessment is to be undertaken due to an immediate refusal of the application):
(i)     if the development cost does not exceed $10 000	$38.50
(ii)    if the development cost exceeds $10 000 but does not exceed $100 000	$91.00
(iii)    if the development cost exceeds $100 000	0.125 per cent of the development cost up to a maximum of $200 000
(iv)    if the application relates to the proposed division of land—
(A)    if the number of allotments resulting from the division is equal to or less than the existing number of allotments	$38.50
(B)    if the number of allotments resulting from the division is greater than the number of existing allotments	$91.00 plus $10.70 for each new allotment up to a maximum of $1 602
(5)	If the application must be referred to a body prescribed under Schedule 8 for the purposes of section 37 of the Act—
(a)    except to the extent that paragraph (b) applies, for each body to which the application must be referred—a Referral Fee of the following amount:
(i)     unless subparagraph (ii) applies	$160.00
(ii)    if the development cost exceeds $1 000 000	$267.00
(b)    for a referral—
(i)     that falls within the ambit of clauses 1(6), 2(3), 2(7), 2(8), 2(10) or 3(3) of Schedule 22—for the referral to the Environment Protection Authority	$267.00
(ii)    that falls within the ambit of item 19, 20 or 21—for a referral under those items	$267.00
(6)	If the proposed development is a Category 2 or Category 3 development for the purposes of section 38 of the Act—a Public Notification Fee	$77.00
(7)	If the proposed development is a Category 3 development for the purposes of section 38 of the Act—an Advertisement Fee	An amount determined by the relevant authority as being appropriate to cover its reasonable costs in giving public notice of the application under section 38(5)(c) of the Act
(8)	If the application requires a relevant authority to assess the development against the provisions of the Building Rules—
(a)    in the case of a building that has a floor area	F = 0.0023 ×CI ×A ×CF, or $48.00, whichever is the greater
(b)    in the case of a building that does not have a floor area	F = 0.0023 ×CI ×S ×CF, or $48.00, whichever is the greater
where— F is the fee (in dollars) payable under this component (unless the $48.00 minimum applies) CI is the construction index determined by the Minister from time to time and set out in the Schedule of Construction Indices published in the Gazette A is the prescribed floor area S is the projected area of the largest side or plane of the building CF is the complexity factor
(9)	If the application requires a relevant authority to grant consent to a development that is at variance with the Building Rules	$112.00
(10)	If the application requires referral to the Building Rules Assessment Commission for concurrence before granting consent to a development that is at variance with the performance requirements of the Building Code	$226.00
(11)	If—	$45.00
(a)    a council is the relevant authority with respect to a particular development; and
(b)    the development requires both provisional development plan consent and provisional building rules consent; and
(c)     an applicant applies for the provisional building rules consent after applying for the provisional development plan consent,
a Development Authorisation (Staged Consents) Fee

For the purposes of this item:

(a)development cost does not include any fit-out costs;

(b)allotment does not include an allotment for road or open space requirements;

(c)subject to Schedule 7, a body prescribed under Schedule 8 for the purposes of section 37 of the Act may waive the whole or part of a fee due to the body under component (5), or refund any such fee (in whole or in part);

(d)if an application must be referred to the same body under more than one item in Schedule 8, only one fee is payable under component (5) with respect to the referral to that particular body (being, if relevant, the higher or highest fee);

(e)if—

(i)a State agency lodges an application for approval with the Development Assessment Commission under section 49 of the Act; or

(ii)a prescribed person lodges an application for approval with the Development Assessment Commission under section 49A of the Act,

then—

(iii)if—

(A)the development cost exceeds $100 000; or

(B)the development involves the division of land and the number of allotments resulting from the division is greater than the existing number of allotments,

any relevant fee under components (1), (2) and (3) of this item will be payable to the Development Assessment Commission as if it were a relevant authority (but not so as to require any payment by the Development Assessment Commission to a council under Schedule 7);

(iv)in any other case—no fee is payable;

(f)no fee is payable in respect of a development—

(i)excluded from the provisions of section 49 of the Act by a regulation under section 49(3); or

(ii)excluded from the provisions of section 49A of the Act by a regulation under section 49A(3);

(g)no fee is payable in respect of a development which is to be undertaken by a council, except where the primary reason for the proposed development is to raise revenue for the council;

(h)an application seeking the variation of a development authorisation previously given under the Act (including a condition imposed in relation to a development) will be subject to the fees prescribed by this item as if it were an application for a new development, but only to the extent that a particular fee imposed in relation to the application reflects the step or steps to be undertaken by the relevant authority or another relevant body on account of the application and not so as to require the payment of a fee for a minor variation that makes no substantive change to the development authorisation that has been previously given.

2The following fee is payable in respect of an application for assignment of a classification to a building or a change in the classification of a building for the purposes of section 66 of the Act:

(a)    in the case of a building that has a floor area

F = 0.00184 ×CI ×A ×CF, or $48.00, whichever is the greater

    (b)    in the case of a building that does not have a floor area

F = 0.00184 ×CI ×S ×CF, or $48.00, whichever is the greater

where—

F is the fee (in dollars) payable under this component (unless the $48.00 minimum applies)

CI is the construction index determined by the Minister from time to time and set out in the Schedule of Construction Indices published in the Gazette

A is the prescribed floor area

S is the projected area of the largest side or plane of the building

CF is the complexity factor.

3A fee of $32.00 is payable in respect of an application for a certificate of occupancy.

4A fee of $69.50 is payable in respect of an application under regulation 76(3)(b).

5(1)     If the matter involves an application to a private certifier for an assessment of a development against the provisions of the Building Rules, a fee equal to 5 per cent of the fee that would apply under component (8) of item 1 if a council were the relevant authority for that assessment, exclusive of any GST component, is payable by the applicant.

(2)The fee must be paid by the applicant to the private certifier at the time of application.

(3)The fee must be held by the private certifier pending payment to the Minister under Schedule 7.

(4)Except as provided above, the fee to be paid to a private certifier will be determined by agreement between the applicant and the private certifier.

6The following fees are payable in respect of a referral to the Building Rules Assessment Commission under section 36(2b) of the Act:

(a)for Class 1 and 10 buildings—$353.00;

(b)for Class 2 to 9 buildings—$774.00.

7(1)     A fee of $53.50 is payable in respect of the registration of an agreement under section 57 or 57A of the Act.

(2)A fee of $10.00 is prescribed for the purposes of section 57(2d) or 57A(7) of the Act.

8(1)     A fee of $107 is payable in respect of an application to the Minister for an approval under section 101 of the Act.

(2)A fee under this item must be paid in a manner determined by the Minister.

9A fee of $72.00 is payable in respect of an application to extend a period under regulation 48.

10For the purposes of items 1(8) and 2—

(a)the prescribed floor area is—

(i)for the purpose of calculating the fee on an application for assessment against the provisions of the Building Rules that consists of the erection of a building or the demolition of a building—the aggregate of the floor areas of the building proposed to be erected or demolished;

(ii)for the purpose of calculating the fee on an application for assessment against the provisions of the Building Rules where the building work consists of an alteration to a building—

(A)the aggregate of the floor areas of the rooms or compartments to be altered; or

(B)where the alteration consists of the fixing or erection of an attachment that does not have a floor area—the floor area of the building within a distance of three metres of where the attachment is to be fixed or erected;

(iii)for the purpose of calculating the fee on application for assignment of a classification to, or a change in the classification of, a building—the aggregate of the floor areas of the building;

(b)the floor area of a building is to be measured over any enclosing walls and is to include the area of the floor of any fully or partly covered carport, portico, verandah, balcony, porch or other similar structure attached or to be attached to the building;

(c)where a building is without storeys, or has a storey of a height of more than 10 metres, the floor area is to be calculated as if the building contained floors at 10 metre intervals, measured vertically;

(d)a building is to be taken not to have any floor area if it is principally of open framework or web construction or solid construction and without any fully or partly enclosed space intended for occupation or use by persons;

(e)the complexity factor is—

(i)except as below—1.0;

(ii)for building work for the erection or alteration of a building that exceeds 6 storeys—1.3;

(iii)for building work for the erection or alteration of a building that contains an atrium—1.3;

(iv)for building work for the erection or alteration of a building that contains an arcade exceeding 40 metres in length—1.3;

(v)for building work that consists solely of the demolition of a building—0.2;

(vi)for assignment of classification or a change in classification where no building work is proposed—0.8;

(f)where a building is made up of parts that have different construction indices, the fee payable for the assessment of building work against the provisions of the Building Rules, the assignment of classification or a change in classification, is the aggregate of the fees calculated in accordance with this Schedule for those parts;

(g)where an application for the assessment of building work against the provisions of the Building Rules incorporates an application for the assignment of a classification to, or a change in the classification of, the building, one fee is payable in respect of the applications, being whichever of the fees for those applications that is of the greater amount.

8—Variation of Schedule 7

1. Schedule 7, clauses 2 and 3—delete clauses 2 and 3 and substitute:

   2—Distribution of fees between a council and other authorities

   A council must, within 10 business days after the end of each quarter—

   (a)pay to the Development Assessment Commission an amount equal to the sum of the following:

   (i)in relation to fees received by the council during that quarter under component (1) of item 1 of Schedule 6 in respect of applications for which the Development Assessment Commission is the relevant authority—75 per cent of fees representing the base amount under that component plus 75 per cent of fees paid under paragraph (a) or (c) of that component; and

   (ii)in relation to fees received by the council during that quarter under component (2) of item 1 of Schedule 6—

   (A)5 per cent of fees under that component in respect of applications for which the council is the relevant authority; and

   (B)the total of all fees under that component in respect of applications for which the Development Assessment Commission is the relevant authority; and

   (iii)in relation to fees received by the council during that quarter under component (4)(a) of item 1 of Schedule 6—

   (A)90 per cent of fees under that component in respect of applications for which the council is the relevant authority; and

   (B)10 per cent of fees under that component in respect of applications for which the Development Assessment Commission is the relevant authority; and

   (iv)in relation to fees received by the council during that quarter under component (4)(b)(i), (ii) or (iii) of item 1 of Schedule 6—

   (A)5 per cent of fees under that component in respect of applications for which the council is the relevant authority; and

   (B)the total of all fees under that component in respect of applications for which the Development Assessment Commission is the relevant authority; and

   (v)the total of all fees received by the council during that quarter under components (5), (6) and (7) of item 1 of Schedule 6 in respect of applications for which the Development Assessment Commission is the relevant authority; and

   (vi)the total of all fees received by the council during that quarter under components (8) and (9) of item 1 of Schedule 6 in relation to applications for which the council is not the relevant authority for the purposes of the assessment of the applications in respect of the Building Rules; and

   (vii)$15 for each amount received by the council during that quarter under component (11) of item 1 of Schedule 6; and

   (b)in relation to fees received by the council during that quarter in relation to component (5)(a) of item 1 of Schedule 6 on account of referrals of applications under Schedule 8 where the council is the relevant authority—

   (i)where component (5)(a)(i) applies—pay to the relevant body under Schedule 8 $130 for each amount received by the council on account of referrals to that body;

   (ii)where component (5)(a)(ii) applies—pay to the relevant body $237 for each amount received by the council on account of referrals to that body;

   (c)in relation to fees received by the council during that quarter in relation to component (5)(b) of item 1 of Schedule 6 on account of referrals of applications under Schedule 8 where the council is the relevant authority—pay to the relevant body $237 for each amount received by the council on account of referrals to that body;

   (d)pay to the Minister 5 per cent of fees received by the council during the quarter under component (8) of item 1 of Schedule 6, or under clause 3(a)(ix) of this Schedule, exclusive of any GST component.

   3—Distribution of fees between the Commission and councils

   The Development Assessment Commission must, within 10 business days after the end of each quarter—

   (a)pay to a council an amount equal to the sum of the following:

   (i)in relation to fees received by the Development Assessment Commission during that quarter under component (1) of item 1 of Schedule 6 in respect of applications that involve the division of land for which the council is the relevant authority—75 per cent of the fees representing the base amount under that component plus 75 per cent of the fees paid under paragraph (c) of that component; and

   (ii)in relation to fees received by the Development Assessment Commission during that quarter under component (2) of item 1 of Schedule 6—95 per cent of fees under that component in respect of applications for which the council is the relevant authority; and

   (iii)the total of all fees received by the Development Assessment Authority during that quarter under component (3)(a) of item 1 of Schedule 6 in respect of applications for which the council is the relevant authority; and

   (iv)$132 for each amount received by the Development Assessment Commission during that quarter under component (3)(b) of item 1 of Schedule 6 in respect of developments within the area of the council; and

   (v)90 per cent of fees received by the Development Assessment Commission during that quarter under component (4)(a) of item 1 of Schedule 6 where the Development Assessment Commission is the relevant authority in respect of developments within the area of the council; and

   (vi)10 per cent of fees received by the Development Assessment Commission during that quarter under component (4)(a) of item 1 of Schedule 6 where the council is the relevant authority; and

   (vii)95 per cent of fees received by the Development Assessment Commission during that quarter under component (4)(b)(i), (ii) or (iii) of item 1 of Schedule 6 where the council is the relevant authority; and

   (viii)the total of all fees received by the Development Assessment Commission during that quarter under components (5), (6) and (7) of item 1 of Schedule 6 in respect of applications for which the council is the relevant authority; and

   (ix)the total of all fees received by the Development Assessment Commission during that quarter under components (8) and (9) of item 1 of Schedule 6 in relation to applications for which the council is the relevant authority for the purposes of the assessment of the applications in respect of the Building Rules; and

   (x)$30 for each amount received by the Development Assessment Commission during that quarter under component (11) of item 1 of Schedule 6; and

   (b)in relation to fees received by the Development Assessment Commission during that quarter in relation to component (5)(a) of item 1 of Schedule 6 on account of referrals of applications under Schedule 8 where the Development Assessment Commission is the relevant authority—

   (i)where component (5)(a)(i) applies—pay to the relevant body under Schedule 8 $130 for each amount received by the Development Assessment Commission on account of referrals to that body;

   (ii)where component (5)(a)(ii) applies—pay to the relevant body $237 for each amount received by the Development Assessment Commission on account of referrals to that body; and

   (c)in relation to fees received by the Development Assessment Commission in relation to component (5)(b) of item 1 of Schedule 6 on account of referrals of applications under Schedule 8 where the Development Assessment Commission is the relevant authority—pay to the relevant body $237 for each amount received by the Development Assessment Commission on account of referrals to that body.

1. Schedule 7, clauses 5 and 6—delete clauses 5 and 6 and substitute:

   5—Payments direct to the Development Assessment Commission

   The fees payable under the following items of Schedule 6 must be paid in all cases to the Development Assessment Commission:

   (a)item 1(1)(b);

   (b)item 1(3);

   (c)item 1(4)(b)(iv);

   (d)any other fee expressed to be payable to the Development Assessment Commission.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 22 June 2006

No 177 of 2006

MUDP06/025CS