Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 October 2010 to 31 December 2010 (accessed 29 November 2014 at 08:33) Current version
Part 7Division 2

Division 2 Charges and fees

136   Right to charges and fees

For the purpose of this Act, the Director-General may demand, levy and recover the prescribed charges and fees in accordance with this Division.

137   Charges and fees fixed by regulation

(1)  Where under the provisions of any Act, regulation or environmental planning instrument the Minister, corporation, Department or Director-General:
(a)  supplies any service, product, commodity or publication, or
(b)  makes any registration, or
(c)  gives any permission, or
(d)  furnishes any information, or
(e)  receives any application for its approval, or
(f)  issues any certificate, requirement or direction, or
(g)  allows admission to any building,
the charge or fee shall be as prescribed by the regulations or as determined in accordance with the regulations, including as determined by a person specified in the regulations.
(1A)  The regulations may prescribe charges or fees, and prescribe the circumstances in which a person or body becomes liable for any such charge or fee, if the Minister, corporation, Department or Director-General carries out any research or investigation, prepares any report, study or instrument or does any other matter or thing in connection with the exercise of any statutory function under this Act, either at the request of the person or body or for the benefit of the person or body.
Note. Such functions may include making an environmental planning instrument.
(2)  In any such regulation, provision may be made requiring a deposit or prepayment in respect of any such charge or fee.
(3)  Nothing in this section authorises any charge or fee contrary to the provisions of any Act, regulation or environmental planning instrument.

138   Liability for charge or fee

The charge or fee shall be paid to the Minister, corporation, Department or Director-General by the person to whom or at whose request the service, permission or information is supplied, given or furnished, or at whose request the registration is made or from whom the application is received, as the case may be.

139   Recovery of charges etc

Any charge, fee or money due to the Minister, corporation, Department or Director-General under the provisions of this Act may be recovered as a debt or liquidated demand in a court of competent jurisdiction.
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