Environmental Planning and Assessment Regulation 2000
Historical version for 20 June 2016 to 7 July 2016 (accessed 15 August 2020 at 13:01) Current version
Part 15 Division 2
Division 2 Other fees and charges
257   Fee for request for review of determination
The maximum fee for a request for a review of a determination under section 82A 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, $190, 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 $620 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.
257A   Fee for review of decision to reject a development application
The fee for an application under section 82B for a review of a decision is as follows:
(a)  $55—if the estimated cost of the development is less than $100,000,
(b)  $150—if the estimated cost of the development is $100,000 or more and less than or equal to $1,000,000,
(c)  $250—if the estimated cost of the development is more than $1,000,000.
258   Fee for application for modification of consent for local development
(cf clause 105 of EP&A Regulation 1994)
(1)  The maximum fee for an application under section 96 (1) of the Act is $71.
(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 $645 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, $190, 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 $665 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 $760, is payable for development to which clause 115 (3) 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.
(4A)  A reference in the Table to this clause to an estimated cost is a reference to the estimated cost of the development for which development consent was granted.
(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.
258A   Fee for review of modification application
The fee for an application under section 96AB for a review of a decision is 50 per cent of the fee that was payable in respect of the application that is the subject of the review.
259   Fee for 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 $53.
(2)  A council may charge one additional fee of not more than $80 for any advice given under section 149 (5) of the Act.
260   Fee for 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, $250 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, $250.
(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 $90) 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
$250
Exceeding 200 square metres but not exceeding 2,000 square metres
$250, plus an additional $0.50 per square metre over 200
Exceeding 2,000 square metres
$1,165, plus an additional $0.075 per square metre over 2,000
261   Fee for copy of building certificate
For the purposes of section 149G (3) of the Act, the prescribed fee for a copy of a building certificate is $13.
262   Fee for certified copy of document, map or plan held by Department or 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 $53.
262A   Fee for site compatibility certificate
(1)  The maximum fee for an application to the Secretary for a site compatibility certificate (affordable rental housing) is $265, plus $42 for each dwelling in the development in respect of which the certificate was issued.
(2)  The maximum fee for an application to the Secretary for a site compatibility certificate (infrastructure) is $265, plus $265 for each hectare (or part of a hectare) of the area of the land in respect of which the certificate was issued.
(3)  The maximum fee for an application to the Secretary for a site compatibility certificate (seniors housing) is $280, plus:
(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)—$45 per bed in the proposed facility, or
(b)  in any other case—$45 per dwelling in the proposed development.
(4)  Despite any other provision of this clause, the fee for an application to the Secretary for a site compatibility certificate must not exceed $5,580.
262B   Fee for BASIX certificate
(1)  The prescribed fee for the issue of a BASIX certificate is the fee set out in the Table to this clause.
(2)  Despite subclause (1), if the BASIX certificate is not issued under the computerised system referred to in clause 164A, the prescribed fee for the issue of the certificate is:
(a)  the fee set out in the Table to this clause plus, whichever is the lesser of:
(i)  50 per cent of that fee, or
(ii)  $250, or
(b)  if the development is not development that is set out in the Table to this clause—$50.
Table
Type of development
Maximum fee $
New BASIX affected buildings
 
Single detached dwellings
50
Dual occupancies, multi dwelling housing (other than residential flat buildings) and attached dwellings:
 
(a)  for the first 2 dwellings, and
80
(b)  for each dwelling more than 2 dwellings
35
Residential flat buildings:
 
(a)  for the first 3 dwellings, and
120
(b)  for each dwelling more than 3 dwellings
20
Alterations and additions to BASIX affected buildings
 
For each dwelling
25
(3)  Any fee prescribed under this clause is a maximum fee and may be waived or reduced in such circumstances as are approved by the Secretary.
262C   Fee for strategic agricultural land site verification certificate
The fee for the issue of a site verification certificate is $3,900.
263   Other fees
(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 Secretary (either generally or in any particular case or class of cases), having regard to the cost to the Minister, corporation, Department or Secretary 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 Secretary of doing anything referred to in that subsection.
(2)  A consent authority or council may impose a fee of not more than $36 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.
(3)  The Secretary may, under section 137 (1A) of the Act, require a proponent who has made a request referred to in clause 124G for an order that specified development be declared State significant development under section 89C (3) of the Act to pay a fee of an amount determined by the Secretary that does not exceed the reasonable costs incurred by the Department in exercising the functions under clause 124G in respect of that request.
(4)  The Secretary may, under section 137 (1A) of the Act, require the payment of an initial fee of not more than $5,000 for consideration of a request that the Minister or the Secretary refer a matter to the Commission or to a regional panel.
Note.
 The Commission and a regional panel may advise the Minister or Secretary as to planning matters under sections 23D (1) (b) (i) and 23G (2) (c) of the Act, respectively.
(5)  If the Minister or the Secretary determines to refer any such matter to the Commission or a regional panel, the Secretary may, under section 137 (1A) of the Act, require the payment by the person who requested the referral of a fee of not more than $15,000 for the costs and expenses incurred by the Minister or Secretary in preparing a report about the matter (including any necessary consultation with councils and other relevant agencies) or incurred by the Commission or the regional panel in providing advice to the Minister or the Secretary.
(6)  A fee is not payable under subclause (4) or (5) in respect of a request referred to in subclause (3).