Planning and Environment (Fees) (General Amendment) Regulations 1997 (Vic)
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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NOTES 14
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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 1997Responsible 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 EnvironmentAct 1987.
3. Principal Regulations
Planning and Environment (Fees) (General Amendment)
Regulations 1997 S.R. No. 151/1997
In these Regulations, the Planning and the Principal Regulations.
4. Regulation 4B substituted
For regulation 4B of the Principal Regulations
substitute—
"4B. Decisions on matters in planning schemesIf 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 47An 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 $135 only
Planning and Environment (Fees) (General Amendment)
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S.R. No. 151/1997 r. 5
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 or2 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 andClass of Application Fee
Planning and Environment (Fees) (General Amendment)
Regulations 1997
S.R. No. 151/1997 r. 5 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—
Planning and Environment (Fees) (General Amendment)
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S.R. No. 151/1997 r. 5
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 $2470 $4 000 000
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—
Planning and Environment (Fees) (General Amendment)
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S.R. No. 151/1997 r. 5
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 $4235 $10 000 000
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 $10 600 $50 000 000
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
Planning and Environment (Fees) (General Amendment)
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S.R. No. 151/1997 r. 6
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 Act1988; or
(b) to create or remove
a right of way; or (c) to vary or remove acondition 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—
Planning and Environment (Fees) (General Amendment)
Regulations 1997 S.R. No. 151/1997
"(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) seek a change to an amendment, and
considering up to 20 submissions which 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) report in accordance with section 27, if
after considering submissions and the 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
Planning and Environment (Fees) (General Amendment)
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S.R. No. 151/1997 r. 7 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 35; and
(b) giving notice of approval of an 36—
is $700.".
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Planning and Environment (Fees) (General Amendment)
Regulations 1997
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NOTES
1 S.R. No. 24/1988. Reprinted to S.R. No. 229/1993.
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