Planning, Development and Infrastructure (Fees, Charges and Contributions) (Phase 3 of Code) Variation Regulations 2021 (SA)

South Australia

Planning, Development and Infrastructure (Fees, Charges and Contributions) (Phase 3 of Code) 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 4—Fees payable

5            Variation of regulation 13—Development to be assessed by accredited professional

6            Variation of Schedule 1—Fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Planning, Development and Infrastructure (Fees, Charges and Contributions) (Phase 3 of Code) Variation Regulations 2021.

2—Commencement

These regulations come into operation on the day on which Schedule 6 Part 2 of the Planning, Development and Infrastructure Act 2016 comes into operation.

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 4—Fees payable

(1)Regulation 4(2)—delete "If" and substitute:

Subject to subregulation (3), if

(2)Regulation 4—after subregulation (2) insert:

(3)If planning consent is sought for development comprising more than 1 element—

(a)a fee is not payable under Schedule 1 item 6 for each element of the development; and

(b)the fee payable under Schedule 1 item 6 is the highest fee applying to a single element of the development; and

(c)if the relevant fee is based on the total development cost, the fee payable will be based on the total cost of all elements of the development.

(4)If a lodgement fee has been paid for planning consent or building consent for a development, no lodgement fee is payable for the issue of the final development approval in respect of that development.

5—Variation of regulation 13—Development to be assessed by accredited professional

Regulation 13(2)—delete subregulation (2) and substitute:

(2)If an application is made to an accredited professional—

(a)the following fees are payable by the applicant to the accredited professional at the time that the application is lodged with the accredited professional:

(i)the prescribed fee for the lodgement of an application (referred to as the base amount);

(ii)if building consent is sought, the prescribed fee for the lodgement of an application (referred to as a compliance fee); and

(b)the accredited professional must forward those fees to the Chief Executive within 5 business days of their receipt by the accredited professional in accordance with any requirements determined by the Chief Executive.

6—Variation of Schedule 1—Fees

(1)Schedule 1, Part 2, item 10—delete item 10 and substitute:

10	Application for building consent (a compliance fee)—
(a) for a Class 1 building under the Building Code or a swimming pool	$240
(b) for a Class 1 building under the Building Code if the building comprises multiple dwellings	$240 for each dwelling
(c)     for a Class 10 building under the Building Code—
(i)     if the total development cost is no more than $10 000	no fee
(ii)    if the total development cost is greater than $10 000	$80
(d) for any other class of building under the Building Code	$240 or 0.075% of the total development cost up to a maximum of $2 500, whichever is the greater

(2)Schedule 1, Part 2, item 17—before "0.25%" insert:

$177 plus

(3)Schedule 1, Part 2—after item 17 insert:

17A Amount for public notice under section 131(13)(a) of the Act (amount payable to the Commission) An amount determined by the Commission as being appropriate to cover its reasonable costs in giving public notice of the application under section 131(13)(a) of the Act

(4)Schedule 1, Part 5, item 28—delete "Application for approval of relevant authority under section 128(2)(d)" and substitute:

Application for the extension of a development authorisation under section 126(3)

(5)Schedule 1, Part 5—after item 32 insert:

33	Application for approval of building envelope plan under regulation 19A(1) of the Planning, Development and Infrastructure (General) Regulations 2017	$175 plus $16 for each allotment delineated under the building envelope plan
34	Fee for consideration and publication of building envelope plan under regulation 19A(3) and (4) of the Planning, Development and Infrastructure (General) Regulations 2017 (payable by applicant at the time of making application for approval of building envelope plan)	$200

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 4 March 2021

No 24 of 2021