Subdivision (Fees) Interim Regulations 2011 (Vic)
Version No. 001
Subdivision (Fees) Interim Regulations 2011
S.R. No. 64/2011
Version
as at
24 July 2011
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) Interim Regulations 2011
S.R. No. 64/2011
Version
as at
24 July 2011
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 24 July 2011.
4Revocation
The Subdivision (Permit and Certification Fees) Regulations 2000[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 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 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 applicant must pay the Council the prescribed fee being 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 construction of works under section 17(2)(b) of the Act, the applicant must pay to the Council or referral authority (as the case may be) a prescribed fee being 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).
(4)A fee payable under subregulation (3) must be paid at the time at which the engineering 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 prescribed 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.
11Expiry
These Regulations expire on 23 July 2012.
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ENDNOTES
1. General Information
The Subdivision (Fees) Interim Regulations 2011, S.R. No. 64/2011 were made on 19 July 2011 by the Governor in Council under section 43 of the Subdivision Act 1988, No. 53/1988 and came into operation on 24 July 2011: regulation 3.
The Subdivision (Fees) Interim Regulations 2011 will expire on 23 July 2012: see regulation 11.
2. Table of Amendments
There are no amendments made to the Subdivision (Fees) Interim Regulations 2011 by statutory rules, subordinate instruments and Acts.
3. Explanatory Details
[1] Reg. 4: S.R. No. 94/2000 as extended in operation by S.R. No. 20/2010.
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