Subdivision (Fees) Further Interim Regulations 2013 (Vic)

Version No. 001

Subdivision (Fees) Further Interim Regulations 2013

S.R. No. 128/2013

Version as at

19 October 2013

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definition

6Fees for applications

7Fee for engineering plan prepared by Council

8Fee for supervision of works

9Fee for checking engineering plans

10Power to waive or rebate the payment of a fee

11Expiry

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Subdivision (Fees) Further Interim Regulations 2013

S.R. No. 128/2013

Version as at

19 October 2013

1Objectives

The objectives of these Regulations are—

(a)to prescribe fees payable to Councils and referral authorities under the Subdivision Act 1988; and

(b)to empower Councils to waive or rebate the payment of a fee payable under the Subdivision Act 1988 in specified circumstances.

2Authorising provision

These Regulations are made under section 43 of the Subdivision Act 1988.

3Commencement

These Regulations come into operation on 19 October 2013.

4Revocation

The Subdivision (Fees) Interim Regulations 2013[1] are revoked.

5Definition

In these Regulations, the Act means the Subdivision Act 1988.

6Fees for applications

(1)A person who applies to the Council for certification of a plan of subdivision must pay to the Council a fee of $100 plus $20 for each lot to be created by the subdivision.

(2)A person who applies to the Council for certification of a plan, other than a plan of subdivision, must pay to the Council a fee of $100.

(3)A fee payable under this regulation must be paid at the time at which the application is made.

7Fee for engineering plan prepared by Council

If a Council prepares an engineering plan under section 15(6) of the Act, the maximum prescribed fee the Council may charge the applicant is 3×5 per cent of the estimated cost of constructing the works proposed on the engineering plan.

8Fee for supervision of works

If a Council or referral authority appoints a person to supervise the construction of works under section 17(2)(a) of the Act, the maximum prescribed fee that the Council or referral authority (as the case may be) may charge under section 17(2)(b) is 2×5 per cent of the estimated cost of constructing the works.

9Fee for checking engineering plans

(1)A Council may fix a fee for considering an engineering plan submitted under section 15 of the Act.

(2)The maximum fee that may be fixed by a Council under subregulation (1) is 0·75 per cent of the estimated cost of constructing the works proposed on the engineering plan.

(3)An applicant who submits an engineering plan to a Council under section 15 of the Act must pay the Council the fee (if any) fixed by the Council under subregulation (1) when the plan is submitted.

10Power to waive or rebate the payment of a fee

A Council may waive or rebate the payment of all or part of any fee payable under the Act if—

(a)an application under the Act is withdrawn and a new application is submitted; or

(b)in the opinion of the Council, the payment of the fee is not warranted because of the minor nature of the consideration of the matter to be decided; or

(c)in the opinion of the Council, the requested service imposes on the Council no appreciable burden or a lesser burden than usual for that type of service.

11Expiry

These Regulations expire on 18 October 2014.

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ENDNOTES

1.     General Information

The Subdivision (Fees) Further Interim Regulations 2013, S.R. No. 128/2013 were made on 17 October 2013 by the Lieutenant-Governor, as the Governor's Deputy, with the advice of the Executive Council under section 43 of the Subdivision Act 1988, No. 53/1988 and came into operation on 19 October 2013: regulation 3.

The Subdivision (Fees) Further Interim Regulations 2013 will expire on 18 October 2014: see regulation 11.

2.     Table of Amendments

There are no amendments made to the Subdivision (Fees) Further Interim Regulations 2013 by statutory rules, subordinate instruments and Acts.

3.     Explanatory Details

[1] Reg. 4: S.R. No. 43/2013.