Planning and Environment (Fees) Amendment Regulations 2007 (Vic)

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Planning and Environment (Fees) Amendment Regulations 2007

S.R. No. 110/2007

TABLE OF PROVISIONS

Regulation Page

1Objectives
2Authorising provision
3Commencement
4Principal Regulations
5Fees for amendments to planning schemes
6Applications for permits under section 47
7Fees to amend applications
8Applications for amendments to permits under section 72
9Certificates of compliance
10Fees to accompany applications for planning certificates under section 198
11Fees for determinations

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 110/2007

Planning and Environment Act 1987

Planning and Environment (Fees) Amendment Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 2 October 2007

Responsible Minister:

JUSTIN MADDEN
Minister for Planning
RUTH LEACH

Clerk of the Executive Council

1Objectives
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.
2Authorising provision
These Regulations are made under section 203 of the Planning and Environment Act 1987.
3Commencement
These Regulations come into operation on 1 November 2007.
4Principal Regulations
In these Regulations, the Planning and Environment (Fees) Regulations 2000[1] are called the Principal Regulations.
5Fees for amendments to planning schemes
(1)In regulation 6(1) of the Principal Regulations, for "$734" substitute "$752".
(2)In regulation 6(2) of the Principal Regulations, for "$734" substitute "$752".
(3)In regulation 6(3) of the Principal Regulations, for "$482" substitute "$494".
(4)In regulation 6(4) of the Principal Regulations, for "$734" substitute "$752".
6Applications 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 $473

Class 2 An application (other than an application to subdivide land) 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 if the estimated cost of development included in the application is more than $10 000 and not more than $100 000 $225

Class 3 An application (other than an application to subdivide land) 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 if the estimated cost of development included in the application is more than $100 000 $462

Class of application Fee

Class 4

An application, other than—

(a) an application to undertake development ancillary to the use of the land for a single dwelling per lot; or

(b) an application to subdivide land—

to develop land if the estimated cost of development included in the application is $10 000 or less.

$96

Class 5

An application, other than—

(a) a Class 2 application; 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 and not more than $250 000

$569

Class 6

An application, other than—

(a) a Class 3 application; or

(b) 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

$666

Class of application Fee

Class 7

An application, other than—

(a) a Class 3 application; or

(b) 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 $1 000 000

$768

Class 8

An application, other than—

(a) a Class 3 application; or

(b) 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 $7 000 000

$1086

Class 9

An application, other than—

(a) a Class 3 application; or

(b) 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.

$4559

Class of application Fee

Class 10

An application, other than—

(a) a Class 3 application; or

(b) 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 $50 000 000.

$7601

Class 11

An application, other than—

(a) a Class 3 application; or

(b) an application to subdivide land—

to develop land if the estimated cost of development included in the application is more than $50 000 000.

$15 204

Class 12

An application to subdivide an existing building.

$364

Class 13

An application, other than a Class 12 application, to subdivide land into two lots.

$364

Class 14

An application to effect a realignment of a common boundary between lots or to consolidate two or more lots.

$364

Class 15

An application, other than—

(a) a Class 12 application; or

(b) a Class 13 application; or

(c) a Class 14 application—

to subdivide land.

$736

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 applications in a manner which would have been lawful under the Planning and Environment Act 1987 but for the existence of the restriction. $235

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
$510

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.
$381

".

7Fees to amend applications
In regulations 8A(1) and 8A(2) of the Principal Regulations, for "$94" substitute "$96".

8Applications 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. $473

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.
$473

Class 3 An application to amend a permit (other than a permit to subdivide land) 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 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. $225

Class of application Fee

Class 4 An application to amend a permit (other than a permit to subdivide land) 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 if the estimated cost of any additional development to be permitted by the amendment is more than $100 000. $462

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.
$96

Class 6 An application (other than a Class 3 application 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. $569

Class of application Fee

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. $666

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. $768

Class 9
An application to amend a permit to—

(a) subdivide an existing building; or

(b) subdivide land into two lots; or

(c) effect a realignment of a common boundary between lots or to consolidate two or more lots.
$364

".

9Certificates of compliance
In regulation 10 of the Principal Regulations, for "$136" substitute "$139".
10Fees to accompany applications for planning certificates under section 198
In regulation 11 of the Principal Regulations, for "$16.80" substitute "$17.20".
11Fees for determinations
In regulation 12 of the Principal Regulations, for "$94" substitute "$96".

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ENDNOTES

[1] Reg. 4: S.R. 72/2000 as amended by S.R. Nos 2/2006, 60/2006 and 85/2006.

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Class of application		Fee
Class 1	An application for use only	$473
Class 2	An application (other than an application to subdivide land) 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 if the estimated cost of development included in the application is more than $10 000 and not more than $100 000	$225
Class 3	An application (other than an application to subdivide land) 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 if the estimated cost of development included in the application is more than $100 000	$462
Class of application		Fee

Class 10	An application, other than— (a) a Class 3 application; or (b) 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 $50 000 000.	$7601
Class 11	An application, other than— (a) a Class 3 application; or (b) an application to subdivide land— to develop land if the estimated cost of development included in the application is more than $50 000 000.	$15 204
Class 12	An application to subdivide an existing building.	$364
Class 13	An application, other than a Class 12 application, to subdivide land into two lots.	$364
Class 14	An application to effect a realignment of a common boundary between lots or to consolidate two or more lots.	$364
Class 15	An application, other than— (a) a Class 12 application; or (b) a Class 13 application; or (c) a Class 14 application— to subdivide land.	$736
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 applications in a manner which would have been lawful under the Planning and Environment Act 1987 but for the existence of the restriction.	$235
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	$510
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.	$381

Class of application		Fee
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.	$666
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.	$768
Class 9	An application to amend a permit to— (a) subdivide an existing building; or (b) subdivide land into two lots; or (c) effect a realignment of a common boundary between lots or to consolidate two or more lots.	$364