Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L01847 Regulations Not in force Legislative Instrument

Legislation content

 

 

 

EXPLANATORY STATEMENT

Select Legislative Instrument No. 189, 2015

 

Australian Capital Territory (Planning and Land Management) Act 1988

 

Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015

 

Overview and Background

 

The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) provides the legislative framework for the planning and land management of the ACT. Under Part 8 Miscellaneous of the Act, section 53 Regulations, the Governor-General may make regulations prescribing matters that are required, permitted, necessary or convenient for giving effect to the Act.

 

Section 53(2) provides that the National Capital Authority (the NCA) may charge fees and recover fees in relation to proposals submitted to the NCA for approval under this Act.  Section 12 of the Act requires that ‘works’ may not be conducted within the Designated Areas of the ACT without the written approval of the NCA.

 

The NCA has recovered fees in relation to proposals to conduct ‘works’ since 1992. A review of the fee schedule has not been undertaken since this time. The purpose of this amendment is to ensure fees charged are consistent with the cost of considering proposals for ‘works’ and incorporate a method of indexation to better align fees with increases in costs over time.

 

The Regulation is being laid before both Houses of Parliament as a disallowable instrument in accordance with the Legislative Instruments Act 2003. If either House, in pursuance of a motion of which notice has been given within 15 sitting days after the Regulation has been laid before that House, passes a resolution disallowing the Amendment, or part of the Regulation, the Regulation or part so disallowed ceases to have effect.

 

The amendment takes effect on 1 December 2015.

 

The Office of Best Practice Regulation advised a Regulation Impact Statement is not required.

 

Consultation

The stakeholders affected by the fee increases are those proposing works to be carried out in the designated areas which require approval.  There is no requirement for prior notice and consultation with the applicants/stakeholders as NCA has not reviewed its charges since 1992. 

The proposed fees are based on cost recovery and reflect costs incurred by the NCA in delivering the works approval function. It is anticipated that the increase fees will be incorporated by the applicant into the cost of the projects.  The NCA is not anticipating adverse stakeholder reactions as majority of the affected applicants will see only a small increase in fees: -

  • approximately 90% of the applicants will have works approvals below $100,000; and
  • approximately10% of the applicants will see a proportionately higher movement in fees with values over $100,000. These applicants include property developers, property owners and the Commonwealth Government. 

The increase in fees along with the approved CRIS will be notified on the NCA’s website in conjunction with the media release.

 

Detailed provision by provision description of the Ordinance

 

Section 1 – Name of Regulation

 

This section would provide that the title of the Regulation is the Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015.

 

Section 2 – Commencement

 

This section would provide for the Regulation to commence on 1 December 2015.

 

Section 3 – Authority

 

This section would provide that the Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015 is made under the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act).

 

Section 4 – Schedule(s)

 

This section would provide that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

Item [1] - Before regulation 1

Item 1 provides for the heading ‘Part 1’ to be included in accordance with all new approved regulations.  

Item [2] - Subregulation 4(1)

Item 2 amends the subregulation to clarify that the Authority may recover an indexed fee to account for the introduction of indexation into the proposed regulation.

Item [3] - Subregulation 4(2)

Item 2 substitutes the words ‘the Schedule’ for ‘the table at Schedule 1’ to accurately reflect the amended schedule of fees in the proposed regulation.

Item [4] - Subregulation 4(3)

Item 4 repeals the subregulation as cost recovery will no longer be sought for sketch plans prior to application being submitted.

Item [5] - Regulation 4

Item 5 provides an equation to calculate indexation on the base fee used to calculate the payable fee each financial year. This indexation would be calculated using the All Groups Consumer Price Index (CPI) to calculate the new base fee applicable at each threshold amount.

Item [6] - Amendments made by the Australian Capital Territory (Planning and Management) Amendment Regulation 2015

Item 6 provides for transitional provisions and ensures the new schedule applies to proposals submitted on or after 1 December 2015.

Item [7] - Schedule

Item 2 repeals the current schedule of fees for works approval and substitute the new schedule.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Legislative Instrument amends the fees set out in the regulation. The Legislative Instrument also amends the regulation to include indexation of fees over time.

The Legislative Instrument relates to the recovery of costs associated with consideration of proposals to conduct works in the Designated Areas of the ACT only and is compatible with human rights in the seven core United Nations human rights treaties.

 

Human rights implications

This regulation does not engage any of the applicable rights or freedoms.

 

Conclusion

This regulation is compatible with human rights as it does not raise any human rights issues.

 

 

Paul Fletcher

Minister for Territories, Local Government and Major Projects

 

 

Overview

The Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015 amends the fees set out in the Australian Capital Territory (Planning and Land Management) Act 1988, introduced to address the need for a current and cost-reflective fee structure for the consideration of proposals to conduct works in the designated areas of the ACT. Enacted by the Australian Government, the regulation allows the National Capital Authority (NCA) to charge and recover fees in relation to such proposals, ensuring that fees are consistent with the cost of considering these proposals and incorporating a method of indexation to better align fees with increases in costs over time. The regulation takes effect on 1 December 2015 and is compatible with human rights as it does not engage any of the applicable rights or freedoms. The regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015 pertains to the fees charged by the National Capital Authority (NCA) under the Australian Capital Territory (Planning and Land Management) Act 1988. This regulation applies specifically to entities and individuals proposing works within the designated areas of the Australian Capital Territory, which require the NCA's written approval. The primary purpose of the regulation is to update and index the fees to align with the current costs of considering proposals for works, as no review of the fee schedule had been conducted since 1992. This includes an indexation method to adjust fees in accordance with increases in the cost of living, measured by the All Groups Consumer Price Index (CPI). The regulation does not mandate prior consultation with stakeholders due to the long-standing absence of a fee review. However, the new fees are anticipated to be incorporated into the costs of projects by the applicants, with the majority of applicants, particularly those with works approvals below $100,000, expected to experience minimal fee increases. The regulation came into effect on 1 December 2015, and it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011, thus being compatible with human rights.

Key Provisions

The Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015 (the Regulation) primarily serves to amend the fees associated with proposals to conduct 'works' within the designated areas of the ACT. Section 3(2) of the Regulation clarifies that the National Capital Authority (NCA) may recover an indexed fee, which accounts for inflation and other cost increases over time, to better align fees with the actual cost of considering such proposals. Section 4(1) and 4(2) provide a formula for calculating the indexation of fees using the All Groups Consumer Price Index (CPI), while Section 4(3) removes the cost recovery for sketch plans prior to the submission of an application. These changes are intended to ensure the fees charged remain consistent with the costs incurred by the NCA in delivering the works approval function. The obligations imposed by the Regulation on parties proposing to conduct 'works' in designated areas are primarily financial. Under Section 4(1) and 4(2), applicants must now pay fees that are indexed based on the CPI, ensuring that the NCA can recover the true cost of processing their proposals. This indexation ensures that fees reflect the actual inflation and cost increases over time. Additionally, Section 4(3) eliminates the cost recovery for sketch plans, meaning applicants no longer need to pay for preliminary sketch plans before submitting their formal application. The Regulation also requires that these new fee structures apply to all proposals submitted on or after 1 December 2015, as outlined in Section 6. There are no explicit criminal or civil offences outlined in the Regulation itself. However, non-compliance with the fee structures and requirements set out in the Regulation could potentially lead to disputes or legal challenges regarding the validity of works approvals. The Regulation ensures that fees are set in a manner that reflects the actual costs incurred by the NCA, thereby maintaining the integrity of the planning and land management processes in the ACT. It is essential for applicants to adhere to the new fee structures and submit their proposals in accordance with the Regulation to avoid any potential legal or administrative issues.

Legal classification tags

Area of Law
Planning & Development Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Fees
Indexation

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.