Planning and Environment (Fees) Regulations 2000 (Vic)

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Version No. 013

Planning and Environment (Fees) Regulations 2000

S.R. No. 72/2000

Version incorporating amendments as at 13 April 2010

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Reference to the Planning and Environment Act 1987

6Fees for amendments to planning schemes

7Applications for permits under section 47

8Combined permit applications

8AFees to amend applications

8BApplications for amendments to permits under section 72

8CCombined application to amend permit

9Combined permit application and planning scheme
amendment

10Certificates of Compliance

11Fees to accompany applications for planning certificates
under section 198

12Determining whether anything has been done to the
satisfaction of a responsible authority, Minister, public
authority, municipal council or a referral authority

13Power to waive or rebate the payment of a fee

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 013

Planning and Environment (Fees) Regulations 2000

S.R. No. 72/2000

Version incorporating amendments as at 13 April 2010

1Objectives

The objectives of these Regulations are—

(a)to prescribe fees for determining whether anything has been done to the satisfaction of a responsible authority, Minister, public authority, municipal council or a referral authority; and

(b)to prescribe fees for amendments to planning schemes; and

(c)to prescribe fees for considering applications for permits and applications for amendments to permits; and

(d)to prescribe fees for considering combined permit applications and combined amendment to permit applications; and

(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

(e)to prescribe fees for considering combined amendments to planning schemes and permit applications; and

(f)to prescribe fees for considering certificates of compliance; and

(g)to prescribe the fee for planning certificates; and

(h)to empower a responsible authority, a planning authority or the Minister to waive or rebate the payment of a fee in specified circumstances.

2Authorising provision

These Regulations are made under section 203 of the Planning and Environment Act 1987.

3Commencement

These Regulations come into operation on 1 August 2000.

4Revocation

The Planning and Environment (Fees) Regulations 1998[1] are revoked.

5Reference to the Planning and Environment Act 1987

A reference in these Regulations to a section is a reference to a section of the Planning and Environment Act 1987 unless a contrary intention appears.

6Fees for amendments to planning schemes

(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 Planning and Environment Act 1987; 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 $798.

(2)The additional fee for—

(a)considering 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 $798.

(3)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 $524.

(4)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 $798.

(5)The fee prescribed in subregulation (1) is to be paid to the planning authority by the person who requested the amendment, at the time of making the request.

(6)The fee prescribed in subregulation (2) is to be paid to the planning authority by the person who requested the amendment, before the authority considers the submissions.

(7)The fee prescribed in subregulation (3) is to be paid to the planning authority by the person who requested the amendment, before the authority adopts the amendment.

(8)The fee prescribed in subregulation (4) is to be paid to the Minister by the person who requested the amendment when the amendment is submitted to the Minister for approval.

7Applications for permits under section 47

The fee for an application for a permit under section 47, other than an application under section 96(1), is the fee set out for an application of that particular class as follows:

Class of application Fee
Class 1 An application for use only. $502
Class 2

An application (other than an application to subdivide land) to—

(a)  develop land for a single dwelling per lot; or

(b)  use and develop land for a single dwelling per lot; or

(c)  undertake development ancillary to the use of 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.

 $239
Class of application Fee
Class 3

An application (other than an application to subdivide land) to—

(a)  develop land for a single dwelling per lot; or

(b)  use and develop land for a single dwelling per lot; or

(c)  undertake development ancillary to the use of land for a single dwelling per lot—

if the estimated cost of development included in the application is more than $100 000.

 $490
Class 4

An application to develop land if the estimated cost of development included in the application is $10 000 or less, other than—

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

(b)  an application to subdivide land.

 $102
Class 5

An application to develop land if the estimated cost of development included in the application is more than $10 000 and not more than $250 000 other than—

(a)  a Class 2 or Class 3 application; or

(b)  an application to subdivide land.

 $604
Class of application Fee
Class 6

An application to develop land if the estimated cost of development included in the application is more than $250 000 and not more than $500 000, other than—

(a)  a Class 3 application; or

(b)  an application to subdivide land.

 $707
Class 7

An application 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, other than—

(a)  a Class 3 application; or

(b)  an application to subdivide land.

 $815
Class 8

An application 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, other than—

(a)  a Class 3 application; or

(b)  an application to subdivide land.

$1153
Class 9

An application 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, other than—

(a)  a Class 3 application; or

(b)  an application to subdivide land.

$4837
Class of application Fee
Class 10

An application 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, other than—

(a)  a Class 3 application; or

(b)  an application to subdivide land.

 $8064
Class 11

An application to develop land if the estimated cost of development included in the application is more than $50 000 000, other than—

(a)  a Class 3 application; or

(b)  an application to subdivide land.

 $16130
Class 12 An application to subdivide an existing building. $386
Class 13 An application, other than a Class 12 application, to subdivide land into 2 lots. $386
Class 14 An application to effect a realignment of a common boundary between lots or to consolidate 2 or more lots. $386
Class 15 An application to subdivide land, other than a Class 12 or Class 13 or Class 14 application. $781
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 application in a manner which would have been lawful under the Planning and Environment Act 1987 but for the existence of the restriction. $249
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.

 $541
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.

 $404

8Combined permit applications

The fee for an application for any combination of use, development other than subdivision, subdivision and any matter referred to in classes of application 16, 17 or 18 set out in the table in regulation 7 is the sum arrived at by adding the highest of the fees which would have applied if separate applications had been made plus 50% of each of the other fees which would have applied if separate applications had been made.

8AFees 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 $102 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 $102 for every class of application (other than a class 5 application) set out in the table in regulation 8B.

8BApplications 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. $502
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.

 $502
Class 3

An application to amend a permit (other than a permit to subdivide land) to—

(a)  develop land for a single dwelling per lot; or

(b)  use and develop land for a single dwelling per lot; or

(c)  undertake development ancillary to the use of 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.

 $239
Class of application Fee
Class 4

An application to amend a permit (other than a permit to subdivide land) to—

(a)  develop land for a single dwelling per lot; or

(b)  use and develop land for a single dwelling per lot; or

(c)  undertake development ancillary to the use of 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.

 $490
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.

 $102
Class of application Fee
Class 6 An application (other than a Class 3 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. $604
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. $707
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. $815
Class 9

An application to amend a permit to—

(a)  subdivide an existing building; or

(b)  subdivide land into 2 lots; or

(c)  effect a realignment of a common boundary between lots or to consolidate 2 or more lots.

 $386

8CCombined 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.

9Combined permit application and planning scheme amendment

(1)The fee for an application for a planning permit combined with a request for amendment of a planning scheme, made in accordance with section 96A, is the sum arrived at by adding the higher of the fees plus 50% of the lower of the fees which would have applied if separate applications had been made.

(2)If the application for a planning permit referred to in subregulation (1) is for any combination of use, development other than subdivision, subdivision and any matter referred to in classes of application 16, 17 or 18 set out in the table in regulation 7, the fee for the planning permit for the purposes of the calculation under subregulation (1) is the higher of the fees which would have applied if separate applications for planning permits had been made.

10Certificates of Compliance

The fee for an application for a certificate of compliance under section 97N is $147.

11Fees to accompany applications for planning certificates under section 198

The fee for an application for a planning certificate under section 198 is $18.20.

12Determining whether anything has been done to the satisfaction of a responsible authority, Minister, public authority, municipal council or a referral authority

If a planning scheme specifies that a matter must be done to the satisfaction of a responsible authority or a referral authority, the fee for determining that matter is $102.

13Power to waive or rebate the payment of a fee

(1)A responsible authority or the Minister may waive or rebate the payment of a fee, in connection with matters other than an amendment to a planning scheme, in the following circumstances—

(a)if an application is withdrawn and a new application is submitted; or

(b)if in the opinion of the authority or the Minister the payment of the prescribed fee is not warranted because—

(i)of the minor nature of the consideration of the matter decided; or

(ii)in the opinion of the authority the application or determination imposes on the authority no appreciable burden; or

(iii)in the opinion of the authority the application or determination imposes on the authority a lesser burden than usual; or

(c)if in the opinion of the authority or the Minister the application or determination assists—

(i)the proper development of the State, region or municipal district; or

(ii)the proper development of part of the State, region or municipal district; or

(iii)the preservation of buildings or places in the State, region or municipal district which are of historical or environmental interest; or

(iv)an application is for land used exclusively for charitable purposes.

(2)A planning authority or the Minister may waive or rebate the payment of a fee for an application for amendment to a planning scheme in the following circumstances—

(a)if the application is intended to implement State, regional or local policy;

(b)if the application is intended to remove errors or anomalies in the planning scheme;

(c)if the application imposes on the authority or Minister no appreciable burden or a lesser burden than usual for supplying that service;

(d)if an application to amend a planning scheme, to consider submissions, or to approve an amendment has been withdrawn and a new application submitted;

(e)if the application rewrites and restructures the scheme so that it may be more readily understood, without changing the planning policy;

(f)if the application implements a general review of the planning scheme, is to implement a new use or development strategy, or is otherwise designed to upgrade and improve the scheme in the public interest;

(g)if the application combines more than one separate item into one amendment;

(h)if the application has been made by a person or group of persons standing to gain no financial benefit from the amendment, or is not intended to benefit financially an owner or group of owners or is otherwise in the public interest.

(3)If a planning authority, responsible authority or Minister waives or rebates the payment of a fee in accordance with this regulation the matters taken into account and which formed the basis of the decision to waive or rebate the fee must be recorded in writing.

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ENDNOTES

1.     General Information

The Planning and Environment (Fees) Regulations 2000, S.R. No. 72/2000 were made on 25 July 2000 by the Governor in Council under section 203 of the Planning and Environment Act 1987, No. 45/1987 and came into operation on 1 August 2000: regulation 3.

The Planning and Environment (Fees) Regulations 2000 will sunset on 24 July 2011: see the Subordinate Legislation (Planning and Environment (Fees) Regulations 2000 - Extension of Operation) Regulations 2010,


S.R. No. 19/2010.

2.     Table of Amendments

This Version incorporates amendments made to the Planning and Environment (Fees) Regulations 2000 by statutory rules, subordinate instruments and Acts.

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Planning and Environment (Fees) (Amendment) Regulations 2006, S.R. No. 2/2006

Date of Making: 17.1.06
Date of Commencement: 1.2.06: reg. 3

Planning and Environment (Fees) (Further Amendment) Regulations 2006, S.R. No. 60/2006

Date of Making: 30.5.06
Date of Commencement: 1.6.06: reg. 3

Planning and Environment (Fees) (Indexation) Regulations 2006, S.R. No. 85/2006

Date of Making: 4.7.06
Date of Commencement: 1.8.06: reg. 3

Planning and Environment (Fees) Amendment Regulations 2007, S.R. No. 110/2007

Date of Making: 2.10.07
Date of Commencement: 1.11.07: reg. 3

Planning and Environment (Fees) Amendment Regulations 2008, S.R. No. 122/2008

Date of Making: 14.10.08
Date of Commencement: 3.11.08: reg. 3

Planning and Environment (Fees) Amendment Regulations 2009, S.R. No. 89/2009

Date of Making: 18.8.09
Date of Commencement: 18.8.09

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3.     Explanatory Details


[1] Reg. 4: S.R. No. 168/1998.

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