Environmental Planning and Assessment Regulation 2000
Historical version for 10 December 2008 to 26 February 2009 (accessed 6 June 2020 at 12:35) Current version
Part 15
Part 15 Fees and charges
Division 1A Fees under Part 3A
245A   Definitions
In this Division:
Part 3A application means an application for approval under Part 3A of the Act to carry out a project or for the concept plan for a project.
project means development to which Part 3A of the Act applies.
public notice, of an environmental assessment or other matter, means the publication of a notice of the assessment or other matter in accordance with Part 3A of the Act.
245B   Determination of fees payable for Part 3A application
(1)  The fee for a Part 3A application is to be determined by the Director-General and is not to exceed the total maximum fee determined in accordance with the provisions of this Division relating to any such application.
(2)  Separate fees are payable for an application for approval of the concept plan for a project and for an application for approval to carry out that project (including where a single application is made for approval of the concept plan and for approval to carry out a part or aspect of that project).
(3)  If two or more fees are applicable to a single Part 3A application (such as an application relating to the subdivision of land and the erection of a building on one or more lots created by the subdivision), the maximum fee payable is the sum of those fees.
(4)  The total maximum fee payable for a Part 3A application for approval for part only of a project, and for any subsequent Part 3A applications for approval for any remaining part of the project, is the maximum fee that would otherwise be payable if only a single application for approval for the project was made.
(5)  A maximum fee of $750 is payable for a Part 3A application for which no other fee is provided under this Division.
245C   Payment of fees for Part 3A applications
(1)  The fee payable under this Division for a Part 3A application is payable by the proponent within 14 days after the Director-General makes the environmental assessment in relation to the application publicly available under section 75H (3) or 75N of the Act and notifies the proponent of the amount of the fee.
Note.
 For critical infrastructure projects—see also clause 245H (2).
(2)  The Minister may refuse to consider a Part 3A application if the fee payable for the application remains unpaid.
245D   Maximum fee for application involving erection of building, carrying out of work or demolition (other than for marinas or extractive industries)
(1)  The maximum fee for a Part 3A application in respect of a project involving the erection of a building, the carrying out of a 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)  The fees determined under this clause do not apply to development for which a fee is payable under clause 245E or 245F.
Table
Estimated cost
Maximum fee payable
Up to $5,000
$750
$5,001–$50,000
$750, plus an additional $23.33 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $5,000.
$50,001–$100,000
$1,800, plus an additional $70.00 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $50,000.
$100,001–$200,000
$5,300, plus an additional $4.50 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $100,000.
$200,001–$500,000
$5,750, plus an additional $5.83 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $200,000.
$500,001–$1,000,000
$7,500, plus an additional $5.00 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $500,000.
$1,000,001–$2,000,000
$10,000, plus an additional $1.00 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $1,000,000.
$2,000,001–$3,000,000
$11,000, plus an additional $0.50 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $2,000,000.
$3,000,001–$4,000,000
$11,500, plus an additional $0.70 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $3,000,000.
$4,000,001–$5,000,000
$12,200, plus an additional $0.80 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $4,000,000.
$5,000,001–$8,000,000
$13,000, plus an additional $1.00 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $5,000,000.
$8,000,001–$9,000,000
$16,000, plus an additional $1.50 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $8,000,000.
$9,000,001–$10,000,000
$17,500, plus an additional $2.50 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $9,000,000.
$10,000,001–$50,000,000
$20,000, plus an additional $1.00 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $10,000,000.
$50,000,001–$100,000,000
$60,000, plus an additional $0.60 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $50,000,000.
$100,000,001–$200,000,000
$90,000, plus an additional $0.50 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $100,000,000.
$200,000,001–$300,000,000
$140,000, plus an additional $0.35 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $200,000,000.
$300,000,001–$400,000,000
$175,000, plus an additional $0.81 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $300,000,000.
More than $400,000,000
$256,000, plus an additional $0.64 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $400,000,000.
245E   Maximum fee for application involving erection of building or the carrying out of work for marina
(1)  The maximum fee payable for a Part 3A application in respect of a project involving the erection of a building or the carrying out of work for the purposes of a marina is $5,000, plus $500 for each vessel that can be moored, berthed or stored at fixed or floating berths, at freestanding moorings, alongside jetties or pontoons, within dry storage stacks or on cradles in hardstand areas.
(2)  In the case of a project involving the extension of an existing marina, the number of vessels referred to in subclause (1) is to be calculated on the basis of the additional number of vessels that can be moored, berthed or stored as a result of the extension of the marina.
(3)  In this clause, a vessel does not include a dinghy or other small craft.
245F   Maximum fee for application involving extractive industry
(1)  The maximum fee payable for a Part 3A application in respect of a project involving extractive industry (not being mining) is the sum of the following:
(a)  $5,000 plus $0.05 for each tonne of material that is to be extracted annually,
(b)  if the project involves the erection of a building—the maximum fee calculated in accordance with clause 245D in relation to the erection of a building.
(2)  For the purposes of subclause (1), the Director-General is to determine the weight of material that is to be extracted annually by reference to a genuine estimate of the average annual weight of material intended to be extracted.
245G   Maximum fee for application involving subdivision of land
(1)  The maximum fee payable for a Part 3A application in respect of a project involving the subdivision of land is as follows:
(a)  subdivision (other than minor subdivision and strata subdivision)—$5,000 plus $300 for each hectare (or part of a hectare) of the land being subdivided, up to a maximum of $30,000,
(b)  minor subdivision—$750,
(c)  strata subdivision—$750.
(2)  In this clause, minor subdivision means subdivision for the purpose only of any one or more of the following:
(a)  widening a public road,
(b)  making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(c)  a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings,
(d)  a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,
(e)  rectifying an encroachment on a lot,
(f)  creating a public reserve,
(g)  excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public conveniences.
245H   Maximum fee for applications relating to critical infrastructure projects
(1)  The maximum fee payable for a Part 3A application in respect of a critical infrastructure project is twice the maximum fee otherwise payable under clauses 245D–245G for a project.
(2)  If a project is declared to be a critical infrastructure project after the fee for the Part 3A application is paid or due for payment, the balance of the fee is payable within 14 days after the Director-General notifies the proponent of the amount of the balance of the fee.
245I   Additional application fee for making environmental assessment publicly available
In addition to any other fees payable under this Division, the maximum fee payable for a Part 3A application includes a maximum fee of $2,500 for giving public notice of the environmental assessment in relation to the application under section 75H (3) or 75N of the Act.
245J   Additional application fee for planning reform
In addition to any other fees payable under this Division, the maximum fee payable for a Part 3A application (other than an application for approval of a concept plan) includes a maximum fee for planning reform calculated as follows (but only if the estimated cost of the project exceeds $50,000):
 

where:
P represents the amount payable, expressed in dollars rounded down to the nearest dollar.
E represents the estimated cost of the project, expressed in dollars rounded up to the nearest thousand dollars.
245K   Fee for request for modification of a Minister’s approval to carry out a project or approval of a concept plan
(1)  The fee payable for consideration of a request for modification of the Minister’s approval for a project or approval of a concept plan under section 75W of the Act is to be determined by the Director-General in accordance with this clause.
(2)  The maximum fee for a request for modification that the Director-General considers will involve a minor environmental assessment is $750.
(3)  The maximum fee in any other case is:
(a)  50% of the fee paid for the Part 3A application in respect of the approval for the project or concept plan that is proposed to be modified, or
(b)  $2,000,
whichever is the greater.
(4)  If there is public notice of a request for modification, an additional fee of $2,500 is payable.
(5)  The fee payable under this clause is payable by the person making the request and must be paid within 14 days after the Director-General notifies that person of the amount of the fee.
(6)  The Minister may refuse to consider any such request if the fee remains unpaid.
245L   Fee for review by Planning Assessment Commission
(1)  The fee payable to the Director-General in respect of the review of any aspect of a project, or a concept plan for a project, by the Planning Assessment Commission pursuant to section 23D (1) (b) (ii) of the Act is to be determined by the Director-General in accordance with this clause. Any such review includes the giving of public notice in connection with a public hearing.
(2)  The fee is $50,000, plus an additional amount (being the estimated costs of the Commission undertaking the review) of not more than $50,000.
(3)  A fee is not payable under this clause if the Director-General determines that a fee is not appropriate in the circumstances of the case.
(4)  The fee payable under this clause is payable by the relevant Part 3A proponent and must be paid within 14 days after the Director-General notifies the proponent of the amount of the fee.
245M   Fee for investigation of potential State significant site
(1)  In this clause, State significant site investigation means an investigation initiated by the Minister under clause 8 of the State Environmental Planning Policy (Major Projects) 2005 into a proposed State significant site.
(2)  The fee payable for a State significant site investigation requested by a person who has or proposes to acquire an interest in all or any part of the proposed site is $20,000 plus an additional fee of $1,000 for each hectare (or part of a hectare) of the area of the proposed site.
(3)  The additional fee is not payable if the investigation is carried out in conjunction with the assessment of an application for approval of a concept plan under Part 3A in relation to the site.
(4)  The fee is payable by the person requesting the investigation within 14 days after the Director-General notifies the person of the fee payable.
245N   Meaning of “estimated cost” for determining fee under this Division
(1)  In determining the fee in relation to a project involving the erection of a building, the Director-General must make his or her determination by reference to a genuine estimate of the capital investment value of the project.
(2)  In determining the fee in relation to a project involving the carrying out of a work, the Director-General must make his or her determination by reference to a genuine estimate of the construction costs of the work.
(3)  In determining the fee in relation to a project involving the demolition of a building or work, the Director-General must make his or her determination by reference to a genuine estimate of the costs of demolition.
(4)  In determining the fee in relation to a concept plan for a project, the Director-General may make any necessary assumptions about the detail of the future project that is the subject of the concept plan.
(5)  For the purposes of this clause, the capital investment value of a project includes all costs necessary to establish and operate the project, including the design and construction of buildings, structures, associated infrastructure and fixed or mobile plant and equipment (but excluding land costs and GST).
Division 1 Fees for development applications
245   
(Renumbered as clause 245AA)
245AA   What is the maximum fee?
(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,
(i)  the operational expenses of the Building Professionals Board established under the Building Professionals Act 2005.
Note.
 Clause 50 (1) (c) provides that a development application must be accompanied by the fee, not exceeding the fee prescribed by Part 15, determined by the consent authority.
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.
251   Designated development
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 245AA (2) (g), (h) and (i):
 
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.
(1A)  Such part of the amount referred to in subclause (1) as is not directed by the Minister to be paid into the Building Professionals Board Fund under section 105 (6) of the Act is to be applied by the Director-General to the services referred to in clause 245AA (2) (g) and (h).
(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.
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:
(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,
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.
(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.
(3A)  An additional fee determined in accordance with subclause (3B) may be charged for an application for a building certificate in relation to a building where the applicant for the certificate, or the person on whose behalf the application is made, is the person who erected the building or on whose behalf the building was erected and any of the following circumstances apply:
(a)  where a development consent, complying development certificate or construction certificate was required for the erection of the building and no such consent or certificate was obtained,
(b)  where a penalty notice has been issued for an offence under section 76A (1) of the Act in relation to the erection of the building and the person to whom it was issued has paid the penalty required by the penalty notice in respect of the alleged offence (or if the person has not paid the penalty and has not elected to have the matter dealt with by a court, enforcement action has been taken against the person under Division 4 of Part 4 of the Fines Act 1996),
(c)  where order No 2, 12, 13, 15, 18 or 19 in the Table to section 121B (1) of the Act has been given in relation to the building unless the order has been revoked on appeal,
(d)  where a person has been found guilty of an offence under the Act in relation to the erection of the building,
(e)  where the court has made a finding that the building was erected in contravention of a provision of the Act.
(3B)  The additional fee payable under subclause (3A) is the total of the following amounts:
(a)  the amount of the maximum fee that would be payable if the application were an application for development consent, or a complying development certificate (if appropriate), authorising the erection or alteration of any part of the building to which the application relates that has been erected or altered in contravention of the Act in the period of 24 months immediately preceding the date of the application,
(b)  the amount of the maximum fee that would be payable if the application were an application to the council for a construction certificate relating to the erection or alteration of any part of the building to which the application relates that has been erected or altered in contravention of the Act in the period of 24 months immediately preceding the date of the application.
(3C)  If an application for a building certificate is made in relation to part only of a building, a reference in subclause (3A) to a building is taken to be a reference to the part of a building that is the subject of the application.
(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.
262A   What is the fee for a site compatibility certificate (seniors housing)?
(1)  Subject to subclause (2), the maximum fee for an application to the Director-General for a site compatibility certificate (seniors housing) is $250 plus an additional:
(a)  in the case where the proposed development is for the purposes of a residential care facility (within the meaning of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004)—$40 per bed in the proposed facility, or
(b)  in any other case—$40 per dwelling in the proposed development.
(2)  The fee for an application to the Director-General for a site compatibility certificate (seniors housing) must not exceed $5,000.
262B   What is the fee for a site compatibility certificate (infrastructure)?
(1)  Subject to subclause (2), the maximum fee for an application to the Director-General for a site compatibility certificate (infrastructure) is $250 plus an additional $250 for each hectare (or part of a hectare) of the area of the land in respect of which the certificate was issued.
(2)  The fee for an application to the Director-General for a site compatibility certificate (infrastructure) must not exceed $5,000.
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.