Planning, Development and Infrastructure (Fees, Charges and Contributions) (Fee Notices) Variation Regulations 2021 (SA)
South Australia
Planning, Development and Infrastructure (Fees, Charges and Contributions) (Fee Notices) Variation Regulations 2021
under the Planning, Development and Infrastructure Act 2016
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019
4 Variation of regulation 3—Interpretation
5 Variation of regulation 3A—Fees associated with the work of assessment managers
6 Variation of regulation 3B—Fees associated with work of assessment panels
7 Revocation of Part 2
8 Variation of regulation 5—Calculation or assessment of fees
9 Variation of regulation 6—Time period suspended if fee not paid
10 Variation of regulation 7—Waiver or refund of fee
11 Variation of regulation 8—Variation of authorisation (section 128)
12 Variation of regulation 11—Development undertaken by councils
13 Variation of regulation 12—Excluded Crown development
14 Variation of regulation 13—Development to be assessed by accredited professional
15 Revocation of regulations 14 and 15
16 Variation of regulation 16—Open space contribution scheme
17 Variation of regulation 17—Multi‑unit buildings
18 Variation of regulation 18—Distribution of fees
19 Variation of regulation 19—Payment requirements
20 Revocation of Schedule 1
Part 1—Preliminary
1—Short title
These regulations may be cited as the Planning, Development and Infrastructure (Fees, Charges and Contributions) (Fee Notices) Variation Regulations 2021.
2—Commencement
These regulations come into operation on 1 July 2021.
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 Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019
4—Variation of regulation 3—Interpretation
Regulation 3(1), definition of allotment—delete the definition
Regulation 3(1), definition of development cost—delete the definition
Regulation 3(1), definitions of GST, GST component and GST law—delete the definitions
Regulation 3(1)—before the definition of quarter insert:
prescribed fee means a fee prescribed for the purposes of the Act, these regulations or a related set of regulations;
5—Variation of regulation 3A—Fees associated with the work of assessment managers
Regulation 3A(1)—delete "For the purposes of these regulations, any fee" and substitute:
A prescribed fee
6—Variation of regulation 3B—Fees associated with work of assessment panels
Regulation 3B(1)—delete "For the purposes of these regulations, any fee" and substitute:
A prescribed fee
7—Revocation of Part 2
Part 2—delete the Part
8—Variation of regulation 5—Calculation or assessment of fees
Regulation 5(1)(a)—delete "any fee payable under these regulations or a related set of regulations" and substitute:
a prescribed fee
Regulation 5(1)(b)—delete "or a related set of regulations" and substitute:
, a related set of regulations or a fee notice
Regulation 5(2)—delete "any fee" and substitute:
a prescribed fee
Regulation 5(3)—delete subregulation (3) and substitute:
(3)An authority may, at any time, reassess a prescribed fee despite an earlier calculation or acceptance of an amount in respect of the fee.
Regulation 5(4)(b)—delete "under these regulations"
9—Variation of regulation 6—Time period suspended if fee not paid
Regulation 6—delete "a fee" and substitute:
a prescribed fee
Regulation 6—delete "or a related set of regulations" and substitute:
, a related set of regulations or a fee notice
10—Variation of regulation 7—Waiver or refund of fee
Regulation 7—delete "a fee" and substitute:
a prescribed fee
Regulation 7—delete "or a related set of regulations" and substitute:
, a related set of regulations or a fee notice
11—Variation of regulation 8—Variation of authorisation (section 128)
Regulation 8(1)—delete "fees prescribed by these regulations" and substitute:
prescribed fees
12—Variation of regulation 11—Development undertaken by councils
Regulation 11—delete "No fee is payable under Schedule 1 Part 2" and substitute:
A prescribed fee relating to development assessment is not payable
13—Variation of regulation 12—Excluded Crown development
Regulation 12—delete "No fee is payable under Schedule 1" and substitute:
A prescribed fee is not payable
14—Variation of regulation 13—Development to be assessed by accredited professional
Regulation 13(1)—delete "fees set out in Schedule 1 Parts 2 and 3" and substitute:
prescribed fees relating to development assessment and to building activity and use
Regulation 13(2)(a)—delete "following fees" and substitute:
following prescribed fees
Regulation 13(4)—delete subregulation (4) and substitute:
(4)To avoid doubt, nothing in this regulation affects the requirement to pay the prescribed fee relating to an application for final development approval in respect of HomeBuilder development.
15—Revocation of regulations 14 and 15
Regulations 14 and 15—delete the regulations
16—Variation of regulation 16—Open space contribution scheme
Regulation 16(1)—delete "an amount prescribed under Schedule 1 item 24" and substitute:
a prescribed fee relating to rates of contribution under section 198(1)(d), (2)(c) or (8) of the Act
17—Variation of regulation 17—Multi‑unit buildings
Regulation 17—delete "an amount prescribed under Schedule 1 item 25" and substitute:
a prescribed fee relating to rates of contribution for the purposes of section 199(1) of the Act
18—Variation of regulation 18—Distribution of fees
Regulation 18(1)—delete "Fees relating to development assessment paid or payable under these regulations" and substitute:
A prescribed fee relating to development assessment
Regulation 18(1)—delete "for the purposes of this regulation"
Regulation 18(2) and (3)—delete subsections (2) and (3) and substitute:
(2)A reference in subregulation (1) to a prescribed fee extends to a prescribed fee that, although payable, was waived (in whole or in part) by a relevant authority.
19—Variation of regulation 19—Payment requirements
Regulation 19—delete "An amount payable under these regulations" and substitute:
A prescribed fee
Regulation 19(a)—delete "a fee" and substitute:
a prescribed fee
Regulation 19(a)—delete "amount under these regulations" and substitute:
prescribed fee
Regulation 19(a)—delete "for the purposes of this paragraph"
Regulation 19(b)—delete "amount under these regulations" and substitute:
prescribed fee
Regulation 19(b)—delete "for the purposes of this paragraph"
20—Revocation of Schedule 1
Schedule 1—delete the Schedule
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 3 June 2021
No 68 of 2021
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