Planning and Environment (Fees) (Further Amendment) Regulations 2006 (Vic)

Planning and Environment (Fees) (Further Amendment) Regulations 2006

S.R. No. 60/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Amendment to objectives

6.Insertion of regulations 8A, 8B and 8C

8A.Fees to amend applications

8B.Applications for amendments to permits under section 72

8C.Combined application to amend permit

7.Consequential amendments

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 60/2006

Planning and Environment Act 1987

Planning and Environment (Fees) (Further Amendment) Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 30 May 2006

Responsible Minister:

ROB HULLS
Minister for Planning

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Planning and Environment (Fees) Regulations 2000 to prescribe fees for a responsible authority to—

(a)consider applications to amend permits and combined applications to amend permits; and

(b)consider requests to amend—

(i)applications for permits; and

(ii)applications to amend permits—

after notice of an application has been given under section 52 of 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 June 2006.

4.Principal Regulations

In these Regulations, the Planning and Environment (Fees) Regulations 2000[1] are called the Principal Regulations.

5.Amendment to objectives

In regulation 1 of the Principal Regulations—

(a)in paragraph (c), after "permits" insert
"and applications for amendments to permits";

(b)in paragraph (d), after "applications" insert "and combined amendment to permit applications";

(c)after paragraph (d) insert—

"(da)to prescribe fees for considering requests to amend—

(i)permit applications; and

(ii)amendment to permit applications—

after notice of an application has been given under section 52; and".

6.Insertion of regulations 8A, 8B and 8C

After regulation 8 of the Principal Regulations insert—

"8A.Fees to amend applications

(1)For the purposes of section 57A(3)(a), the fee for a request to amend an application for a permit after notice of the application has been given under section 52 is $92 for every class of application (other than a class 4 application) set out in the table in regulation 7.

(2)For the purposes of section 57A(3)(a), the fee for a request to amend an application to amend a permit after notice of the application has been given under section 52 is $92 for every class of application (other than a class 5 application) set out in the table in regulation 8B.

8B.Applications for amendments to permits under section 72

The fee for an application to amend a permit under section 72 is the fee set out for an application of that particular class in the following table—

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.	$451

Class of application		Fee
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.	$451
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.	$215

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.	$440
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	$92
(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.

Class of application		Fee
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.	$543
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.	$635
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.	$732
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.	$348

8C.Combined application to amend permit

The fee for an application (involving any combination of use, development other than subdivision, subdivision and any matter referred to in class 2 set out in the table in regulation 8B) to amend a permit is the sum arrived at by adding the highest of the fees which would have applied if separate applications to amend the permit had been made plus 50% of each of the other fees which would have applied if separate applications to amend the permit had been made.".

7.Consequential amendments

In regulations 8 and 9(2) of the Principal Regulations, for "Classes 16, 17 or 18" substitute "classes of application 16, 17 or 18 set out in the table in regulation 7".

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ENDNOTES

[1] Reg. 4: S.R. No. 72/2000 as amended by S.R. No. 2/2006.