Untitled document
Planning and Environment (Fees) Amendment Regulations 2009
S.R. No. 89/2009
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Fees for amendments to planning schemes
6Applications for permits under section 47
7Fees to amend applications
8Applications for amendments to permits under section 72
9Certificates of compliance
10Fees to accompany applications for planning certificates under section 198
11Fees for determinations
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ENDNOTES
STATUTORY RULES 2009
S.R. No. 89/2009
Planning and Environment Act 1987
Planning and Environment (Fees) Amendment Regulations 2009
The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:
Dated: 18 August 2009
Responsible Minister:
JUSTIN MADDEN
Minister for PlanningTOBY HALLIGAN
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Planning and Environment (Fees) Regulations 2000 to increase fees payable under the Planning and Environment Act 1987.
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 2009.
4Principal Regulations
In these Regulations, the Planning and Environment (Fees) Regulations 2000[1] are called the Principal Regulations.
5Fees for amendments to planning schemes
(1)In regulation 6(1) of the Principal Regulations, for "$775" substitute "$798".
(2)In regulation 6(2) of the Principal Regulations, for "$775" substitute "$798".
(3)In regulation 6(3) of the Principal Regulations, for "$509" substitute "$524".
(4)In regulation 6(4) of the Principal Regulations, for "$775" substitute "$798".
6Applications for permits under section 47
In regulation 7 of the Principal Regulations, for the table of fees substitute—
"
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
".
7Fees to amend applications
In regulations 8A(1) and 8A(2) of the Principal Regulations, for "$99" substitute "$102".
8Applications for amendments to permits under section 72
In regulation 8B of the Principal Regulations, for the table of fees substitute—
"
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 of application Fee 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 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 of application Fee 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 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 of application Fee 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
".
9Certificates of compliance
In regulation 10 of the Principal Regulations, for "$143" substitute "$147".
10Fees to accompany applications for planning certificates under section 198
In regulation 11 of the Principal Regulations, for "$17.70" substitute "$18.20".
11Fees for determinations
In regulation 12 of the Principal Regulations, for "$99" substitute "$102".
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ENDNOTES
[1] Reg. 4: S.R. No. 72/2000. Reprint No. 1 as at 19 June 2008. Reprinted to S.R. No. 110/2007 and subsequently amended by S.R. No. 122/2008.
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