Division 1 Fees for development applications
(cf clause 92 of EP&A Regulation 1994)
(1) The fee for a development application must not exceed the maximum amount determined in accordance with this Division.(2) The services covered by the fee for a development application include the following:(a) the receipt of the application, and any internal referrals of the application,(b) consideration of the application for the purpose of determining whether any further information is required in relation to the proposed development,(c) inspection of the land to which the proposed development relates,(d) evaluation of the proposed development under section 79C of the Act, including discussion with interested parties,(e) preparation of internal reports on the application,(f) preparation and service of notices of the consent authority’s determination of the application,(g) the monitoring and reviewing by the Director-General of the practices and procedures followed by consent authorities in dealing with development applications:(i) for the purpose of assessing the efficiency and effectiveness of those practices and procedures, and(ii) for the purpose of ensuring that those practices and procedures comply with the provisions of the Act and this Regulation,(h) the monitoring and reviewing by the Director-General of the provisions of environmental planning instruments:(i) that control development, or(ii) that are required to be taken into consideration by consent authorities when dealing with development applications,for the purposes of assessing the effectiveness of those provisions in achieving their intended effect and making recommendations for their improvement.
246 What is the fee for a development application?
(cf clause 93 of EP&A Regulation 1994)
(1) The maximum fee for development involving the erection of a building, the carrying out of work or the demolition of a work or a building, and having an estimated cost within the range specified in the Table to this clause is calculated in accordance with that Table.(2) Despite subclause (1), the maximum fee payable for development for the purpose of one or more advertisements is:(a) $215, plus $70 for each advertisement in excess of one, or(b) the fee calculated in accordance with the Table,whichever is the greater.(3) The fees determined under this clause do not apply to development for which a fee is payable under clause 247.
Table
Estimated cost
Maximum fee payable
Up to $5,000
$110
$5,001–$50,000
$170, plus an additional $3 for each $1,000 (or part of $1,000) of the estimated cost.
$50,001–$250,000
$352, plus an additional $3.64 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $50,000.
$250,001–$500,000
$1,160, plus an additional $2.34 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $250,000.
$500,001–$1,000,000
$1,745, plus an additional $1.64 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $500,000.
$1,000,001–$10,000,000
$2,615, plus an additional $1.44 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $1,000,000.
More than $10,000,000
$15,875, plus an additional $1.19 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $10,000,000.
247 Development involving the erection of a dwelling-house with an estimated construction cost of $100,000 or less
(cf clause 94 of EP&A Regulation 1994)
A maximum fee of $364 is payable for development involving the erection of a dwelling-house with an estimated cost of construction of $100,000 or less.
248 Residential flat development
An additional fee, not exceeding $600, is payable for development which is required to be referred to a design review panel under State Environmental Planning Policy No 65—Design Quality of Residential Flat Development.
249 Development involving the subdivision of land
(cf clause 96 of EP&A Regulation 1994)
The maximum fee payable for development involving the subdivision of land is calculated as follows:(a) subdivision (other than strata subdivision):(i) involving the opening of a public road, $500 plus $50 for each additional lot created by the subdivision, or(ii) not involving the opening of a public road, $250 plus $40 for each additional lot created by the subdivision,(b) strata subdivision, $250 plus $50 for each additional lot created by the subdivision.Note. For example, a plan of subdivision that provides for 5 lots over land that has previously comprised 2 lots will result in the creation of 3 additional lots, and so attract a fee that includes a base amount of $500 or $250, as the case requires, together with a further amount of $50 or $40, as the case requires, for each of the 3 additional lots.
250 Development not involving the erection of a building, the carrying out of a work, the subdivision of land or the demolition of a building or work
(cf clause 97 of EP&A Regulation 1994)
A maximum fee of $220 is payable for development that does not involve the erection of a building, the carrying out of a work, the subdivision of land or the demolition of a building or work.
In addition to any other fees payable under this Division, a maximum fee of $715 is payable for designated development.
252 What additional fees are payable for development that requires advertising?
(cf clause 99 of EP&A Regulation 1994)
(1) In addition to any other fees payable under this Division, a consent authority may charge up to the following maximum fees for the giving of the notice required for the development:(a) $1,665, in the case of designated development,(b) $830, in the case of advertised development,(c) $830, in the case of prohibited development,(d) $830, in the case of development for which an environmental planning instrument or development control plan requires notice to be given otherwise than as referred to in paragraph (a), (b) or (c).(2) The consent authority must refund so much of the fee paid under this clause as is not spent in giving the notice.
252A What additional fees are payable for development that requires concurrence?
(1) An additional processing fee up to a maximum of $110, plus a concurrence fee for payment to each concurrence authority, are payable in respect of an application for development that requires concurrence under the Act or an environmental planning instrument.(2) The consent authority must forward each concurrence fee to the concurrence authority concerned at the same time at which it forwards a copy of the development application to the concurrence authority under clause 59.(3) The concurrence fee for a development application is not payable:(a) to any concurrence authority whose concurrence may be assumed in accordance with clause 64, or(b) to any concurrence authority that has notified the consent authority in writing that payment of the fee is waived, whether generally, in relation to that application or in relation to a class of development applications to which that application belongs.(3A) A concurrence authority may repay to the consent authority the whole or any part of a concurrence fee paid to it under this clause, in which case the consent authority must remit the amount repaid to the applicant.(4) The additional processing fee is not payable:(a) for any application in respect of which concurrence may be assumed in accordance with clause 64 for all of the concurrence authorities concerned, or(b) for any application made before 1 July 2002.(5) For the purposes of this clause, the concurrence fee payable to a concurrence authority for a development application is $250 or such lesser amount as is notified to the consent authority in writing by the concurrence authority, whether generally, in relation to that application or in relation to a class of development applications to which that application belongs.
253 What additional fees are payable for integrated development?
(cf clause 100 of EP&A Regulation 1994)
(1) An additional processing fee up to a maximum of $110, plus an approval fee for payment to each approval body, are payable in respect of an application for integrated development.(2) The consent authority must forward each approval fee to the approval body concerned at the same time at which it forwards a copy of the development application to the approval body under clause 66.(2A) The approval fee for a development application is not payable to any approval body that has notified the consent authority in writing that payment of the fee is waived, whether generally, in relation to that application or in relation to a class of development applications to which that application belongs.(2B) An approval body may repay to the consent authority the whole or any part of an approval fee paid to it under this clause, in which case the consent authority must remit the amount repaid to the applicant.(3) The additional processing fee is payable in respect only of applications made on or after 1 July 2002.(4) For the purposes of this clause, the approval fee payable to an approval body for a development application is $250 or such lesser amount as is notified to the consent authority in writing by the approval body, whether generally, in relation to that application or in relation to a class of development applications to which that application belongs.
254 What if two or more fees are applicable to a single development application?
(cf clause 101 of EP&A Regulation 1994)
If two or more fees are applicable to a single development application (such as an application to subdivide land and erect a building on one or more lots created by the subdivision), the maximum fee payable for the development is the sum of those fees.
255 How is a fee based on estimated cost determined?
(cf clause 102 of EP&A Regulation 1994)
(1) In determining the fee for development involving the erection of a building, the consent authority must make its determination by reference to a genuine estimate of:(a) the costs associated with the construction of the building, and(b) the costs associated with the preparation of the building for the purpose for which it is to be used (such as the costs of installing plant, fittings, fixtures and equipment).(1A) In determining the fee for development involving the carrying out of a work, the consent authority must make its determination by reference to a genuine estimate of the construction costs of the work.(1B) In determining the fee for development involving the demolition of a building or work, the consent authority must make its determination by reference to a genuine estimate of the costs of demolition.(2) The estimate must, unless the consent authority is satisfied that the estimated cost indicated in the development application is neither genuine nor accurate, be the estimate so indicated.
256 Determination of fees after development applications have been made
(cf clause 103 of EP&A Regulation 1994)
(1) The determination of a fee to accompany a development application must be made before, or within 14 days after, the application is lodged with the consent authority.(2) A determination made after the lodging of a development application has no effect until notice of the determination is given to the applicant.(3) A consent authority may refuse to consider a development application for which a fee has been duly determined and notified to the applicant but remains unpaid.
256A Proportion of development application fees to be remitted to Director-General
(1) For each development application lodged with a consent authority for development referred to in clause 246 (1) having an estimated cost exceeding $50,000, an amount calculated as follows is to be set aside for payment to the Director-General for the services referred to in clause 245 (2) (g) and (h):
where:P represents the amount to be set aside, expressed in dollars rounded down to the nearest dollar, and
E represents the estimated cost of the development, expressed in dollars rounded up to the nearest thousand dollars.
(2) On or before the 14th day of each month, the consent authority must forward to the Director-General the total amount set aside under subclause (1) in relation the development applications lodged with it during the previous month, together with a report in relation to those applications.(3) The report referred to in subclause (2) must contain such information, and be prepared in such form, as the Director-General may determine.
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256B Staged development applications
The maximum fee payable for a staged development application in relation to a site, and for any subsequent development application for any part of the site, is the maximum fee that would be payable as if a single development application only was required for all the development on the site.
Division 2 Other fees and charges
257 What is the fee for a request for a review of a determination?
The maximum fee for a request for a review of a determination under section 82A (3) of the Act is:(a) in the case of a request with respect to a development application that does not involve the erection of a building, the carrying out of a work or the demolition of a work or building, 50 per cent of the fee for the original development application, and(b) in the case of a request with respect to a development application that involves the erection of a dwelling-house with an estimated cost of construction of $100,000 or less, $150, and(c) in the case of a request with respect to any other development application, as set out in the Table to this clause,plus an additional amount of not more than $500 if notice of the application is required to be given under section 82A of the Act.
Table
Estimated cost
Maximum fee payable
Up to $5,000
$55
$5,001–$250,000
$85, plus an additional $1.50 for each $1,000 (or part of $1,000) of the estimated cost.
$250,001–$500,000
$500, plus an additional $0.85 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $250,000.
$500,001–$1,000,000
$712, plus an additional $0.50 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $500,000.
$1,000,001–$10,000,000
$987, plus an additional $0.40 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $1,000,000.
More than $10,000,000
$4,737, plus an additional $0.27 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $10,000,000.
258 What is the fee for an application for modification of a consent for local development or State significant development?
(cf clause 105 of EP&A Regulation 1994)
(1) The maximum fee for an application under section 96 (1) of the Act is $55.(1A) The maximum fee for an application under section 96 (1A) of the Act, or under section 96AA (1) of the Act in respect of a modification which, in the opinion of the consent authority, is of minimal environmental impact, is $500 or 50 per cent of the fee for the original development application, whichever is the lesser.(2) The maximum fee for an application under section 96 (2) of the Act, or under section 96AA (1) of the Act in respect of a modification which, in the opinion of the consent authority, is not of minimal environmental impact, is:(a) if the fee for the original application was less than $100, 50 per cent of that fee, or(b) if the fee for the original application was $100 or more:plus an additional amount of not more than $500 if notice of the application is required to be given under section 96 (2) or 96AA (1) of the Act.(i) in the case of an application with respect to a development application that does not involve the erection of a building, the carrying out of a work or the demolition of a work or building, 50 per cent of the fee for the original development application, and(ii) in the case of an application with respect to a development application that involves the erection of a dwelling-house with an estimated cost of construction of $100,000 or less, $150, and(iii) in the case of an application with respect to any other development application, as set out in the Table to this clause,(2A) An additional fee, not exceeding $600, is payable for development to which clause 115 (1A) applies.(3) The consent authority must refund so much of the additional amount as is not spent in giving the notice under section 96 (2) or 96AA (1) of the Act.(3A) The consent authority must refund the additional fee paid under subclause (2A) if the development is not referred to a design review panel.(4) In this clause:(a) a reference to an original development application is a reference to the development application that resulted in the granting of the consent to be modified, and(b) a reference to the fee for the original development application does not include a reference to any fee under clause 252 that was payable for the giving of notice.(5) This clause does not apply to an application for the modification of a development consent granted by the Land and Environment Court on appeal from some other consent authority.
Table
Estimated cost
Maximum fee payable
Up to $5,000
$55
$5,001–$250,000
$85, plus an additional $1.50 for each $1,000 (or part of $1,000) of the estimated cost.
$250,001–$500,000
$500, plus an additional $0.85 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $250,000.
$500,001–$1,000,000
$712, plus an additional $0.50 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $500,000.
$1,000,001–$10,000,000
$987, plus an additional $0.40 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $1,000,000.
More than $10,000,000
$4,737, plus an additional $0.27 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $10,000,000.
259 What is the fee for a planning certificate?
(cf clause 106 of EP&A Regulation 1994)
(1) The prescribed fee for the issue of a certificate under section 149 (2) of the Act is $40.(2) A council may charge one additional fee of not more than $60 for any advice given under section 149 (5) of the Act.
260 What is the fee for a building certificate?
(cf clause 107 of EP&A Regulation 1994)
(1) For the purposes of section 149B (2) of the Act, the fee for an application for a building certificate in relation to a building is:(a) in the case of a class 1 building (together with any class 10 buildings on the site) or a class 10 building, $210 for each dwelling contained in the building or in any other building on the allotment, or(b) in the case of any other class of building, as set out in the Table to this clause, or(c) in any case where the application relates to a part of a building and that part consists of an external wall only or does not otherwise have a floor area, $210.(2) If it is reasonably necessary to carry out more than one inspection of the building before issuing a building certificate, the council may require the payment of an additional fee (not exceeding $75) for the issue of the certificate.(3) However, the council may not charge an additional fee for any initial inspection.(4) In this clause, a reference to a class 1 building includes a reference to a class 2 building that comprises 2 dwellings only.
Table
Floor area of building or part
Fee
Not exceeding 200 square metres
$210
Exceeding 200 square metres but not exceeding 2,000 square metres
$210, plus an additional 42 cents per square metre over 200
Exceeding 2,000 square metres
$966, plus an additional 6.3 cents per square metre over 2,000
261 What is the fee for a copy of a building certificate?
For the purposes of section 149G (3) of the Act, the prescribed fee for a copy of a building certificate is $10.
262 What is the fee for a certified copy of a document, map or plan held by the department or a council?
(cf clause 108 of EP&A Regulation 1994)
The prescribed fee for a certified copy of a document, map or plan referred to in section 150 (2) of the Act is $40.
263 What other fees may be imposed?
(cf clause 109 of EP&A Regulation 1994)
(1) The maximum charge or fee that may be imposed under section 137 (1) of the Act is:(a) the amount determined by the Director-General (either generally or in any particular case or class of cases), having regard to the cost to the Minister, corporation, Department or Director-General of doing anything referred to in that subsection, or(b) if there is not a relevant determination in force, 120 per cent of the cost to the Minister, corporation, Department or Director-General of doing anything referred to in that subsection.(2) A consent authority or council may impose a fee of not more than $30 for the lodging with it of any of the following certificates:(a) a complying development certificate,(b) a Part 4A certificate, if it is:(i) a construction certificate, or(ii) an occupation certificate, or(iii) a subdivision certificate.