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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 13 September 2019 to date (accessed 24 September 2019 at 19:48)
Part 15
Part 15 Fees and charges
Division 1A Fees for transitional Part 3A projects
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 Planning Secretary 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 $850 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 Planning Secretary 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—marinas
(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 $5,660, plus $565 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—extractive industries
(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)  $5,660, plus $0.06 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 Planning Secretary 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—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)—$5,660, plus $340 for each hectare (or part of a hectare) of the land being subdivided, up to a maximum of $34,000,
(b)  minor subdivision—$850,
(c)  strata subdivision—$850.
(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   Additional fee for critical infrastructure projects
(1)  The maximum additional fee payable for a Part 3A application in respect of a critical infrastructure project is $50,000.
(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 additional fee is payable within 14 days after the Planning Secretary notifies the proponent that the additional fee is payable.
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 $2,830 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 Minister’s approval
(1)  The fee payable for consideration of a request for modification of any of the following is to be determined by the Planning Secretary in accordance with this clause—
(a)  the approval of the Minister for a project under Part 3A of the Act,
(b)  the approval of a concept plan under that Part,
(c)  a development consent that is taken to be an approval under that Part.
(2)  The maximum fee for a request for modification that the Planning Secretary considers will relate only to a minor matter such as a minor error, a misdescription or a miscalculation (but not a minor environmental assessment) is $850.
(2A)  The maximum fee for a request for modification that the Planning Secretary considers will involve a minor environmental assessment is $5,000.
(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)  $5,000,
whichever is the greater.
(4)  If there is public notice of a request for modification, an additional fee of $2,830 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 Planning Secretary 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 Independent Planning Commission
(1)  The fee payable to the Planning Secretary in respect of the review of any aspect of a project, or a concept plan for a project, by the Independent Planning Commission pursuant to section 23D (1) (b) (ii) of the Act is to be determined by the Planning Secretary in accordance with this clause. Any such review includes the giving of public notice in connection with a public hearing.
(2)  The fee is $56,600, plus an additional amount (being the estimated costs of the Commission undertaking the review) of not more than $56,600.
(3)  A fee is not payable under this clause if the Planning Secretary 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 Planning Secretary 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 Development) 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 $22,650 plus an additional fee of $1,130 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 Planning Secretary 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 Planning Secretary 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 Planning Secretary 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 Planning Secretary 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 Planning Secretary may make any necessary assumptions about the detail of the future project that is the subject of the concept plan.
(5)    (Repealed)
Division 1 Fees for development applications (other than for State significant development)
245   
(Renumbered as clause 245AA)
245AA   
(Renumbered as clause 246A)
246   Definition
In this Division—
development application does not include a development application for State significant development.
246A   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 4.15 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 Planning Secretary 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 Planning Secretary 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,
(j)  the online delivery of planning services and information by the Planning Secretary, including—
(i)  the compilation and maintenance of the NSW planning database, and
(ii)  the operation of the NSW planning portal, and
(iii)  the enhancement of the NSW planning database and the NSW planning portal.
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.
246B   Fee for 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)  $285, plus $93 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   Fee for dwelling-house—construction cost under $100,000
(cf clause 94 of EP&A Regulation 1994)
A maximum fee of $455 is payable for development involving the erection of a dwelling-house with an estimated cost of construction of $100,000 or less.
248   Additional fee—residential apartment development
An additional fee, not exceeding $3,000, is payable for development involving an application for development consent, or an application for the modification of the development consent, that is referred to a design review panel for advice.
249   Maximum fee—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, $665, plus $65 for each additional lot created by the subdivision, or
(ii)  not involving the opening of a public road, $330, plus $53 for each additional lot created by the subdivision,
(b)  strata subdivision, $330, plus $65 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 $665 or $330, as the case requires, together with a further amount of $65 or $53, 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 $285 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   Additional fee—designated development
In addition to any other fees payable under this Division, a maximum fee of $920 is payable for designated development.
252   Additional fees—development requiring 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)  $2,220, in the case of designated development,
(b)  $1,105, in the case of advertised development,
(c)  $1,105, in the case of prohibited development,
(d)  $1,105, 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   Additional fees—development requiring concurrence
(1)  An additional processing fee of $140, 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 concurrence fee is to be paid to the concurrence authority.
(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 waived the payment of the fee.
(3A)  A concurrence authority may determine to repay the whole or any part of a concurrence fee paid to it under this clause, in which case the whole or part of the concurrence fee must be 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 $320.
(6)  A concurrence authority may waive or reduce the concurrence fee payable to it generally, in relation to a particular application or in relation to a class of applications by giving written notice to—
(a)  a consent authority for concurrence fees collected by the consent authority, or
(b)  the Planning Secretary for concurrence fees collected by means of the NSW planning portal.
253   Additional fees—integrated development
(cf clause 100 of EP&A Regulation 1994)
(1)  An additional processing fee of $140, plus an approval fee for payment to each approval body, are payable in respect of an application for integrated development.
(2)  The approval fee is to be paid to the approval body.
(2A)  The approval fee for a development application is not payable to any approval body that has waived the payment of the fee.
(2B)  An approval body may determine to repay the whole or any part of an approval fee paid to it under this clause, in which case the whole or part of the approval fee must be repaid to the applicant.
(3)  The additional processing fee is payable in respect only of applications made on or after 1 July 2002.
(4)    (Repealed)
(5)  For the purposes of this clause, the approval fee payable to an approval body for a development application is $320.
(6)  An approval body may waive or reduce the approval fee payable to it generally, in relation to a particular application or in relation to a class of applications by giving written notice to—
(a)  a consent authority for approval fees collected by the consent authority, or
(b)  the Planning Secretary for approval fees collected by means of the NSW planning portal.
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 Planning Secretary
(1)  For each development application lodged with a consent authority for development referred to in clause 246B (1) having an estimated cost exceeding $50,000, an amount calculated as follows is to be set aside for payment to the Planning Secretary for the services referred to in clause 246A (2) (g), (h), (i) and (j)—
 
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 4.64 (6) of the Act is to be applied by the Planning Secretary to the services referred to in clause 246A (2) (g), (h) and (j).
(2)  The consent authority must forward to the Planning Secretary—
(a)  on or before the 14th day of each month, a report in relation to development applications lodged with it during the previous month containing such information, and being prepared in such form, as the Planning Secretary may determine, and
(b)  on or before the 28th day of each month, the total amount set aside under subclause (1) in relation to those development applications.
(3)  The Planning Secretary may at any time reduce or waive (unconditionally or subject to conditions) the amount to be paid under this clause.
256B   Concept development applications
The maximum fee payable for a concept 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 1AA Fees for State significant development and State significant infrastructure
256C   Definitions
In this Division—
application means a development application for State significant development or an application for approval of State significant infrastructure.
concept component of a staged application means that part of a staged application that sets out concept proposals for the development of a site or for proposed infrastructure.
staged application means an application that is a concept development application or a staged infrastructure application.
Note.
 Section 4.22 of the Act sets out the meaning of concept development application.
staged infrastructure application has the same meaning as it has in section 5.20 of the Act.
256D   Determination of fees payable for application
(1)  The fee for an application is to be determined by the Planning Secretary and is not to exceed the total maximum fee determined in accordance with the provisions of this Division relating to any such application.
(2)  If two or more fees are applicable to a single 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.
(3)    (Repealed)
256E   Determination of fees after application is made
(1)  The determination of a fee to accompany an application for State significant development or State significant infrastructure 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 an application has no effect until notice of the determination is given to the applicant.
(3)  The Minister may refuse to consider an application for which a fee has been duly determined and notified to the applicant but remains unpaid.
256F   Maximum fee—buildings, works or demolition (other than marinas or extractive industries)
(1)  The maximum fee for an application 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 or infrastructure for which a fee is payable under clause 256G or 256H.
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.
256G   Maximum fee—marinas
(1)  The maximum fee payable for an application involving the erection of a building or the carrying out of work for the purposes of a marina is $5,660, plus $565 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 an application 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.
256H   Maximum fee—extractive industries
(1)  The maximum fee payable for an application involving extractive industry (not being mining) is the sum of the following—
(a)  $5,660, plus $0.06 for each tonne of material that is to be extracted annually,
(b)  if the application involves the erection of a building—the maximum fee calculated in accordance with clause 256F in relation to the erection of a building.
(2)  For the purposes of subclause (1), the Planning Secretary 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.
256I   Maximum fee—subdivision of land
(1)  The maximum fee payable for an application involving the subdivision of land is as follows—
(a)  subdivision (other than minor subdivision and strata subdivision)—$5,660, plus $340 for each hectare (or part of a hectare) of the land being subdivided, up to a maximum of $34,000,
(b)  minor subdivision—$850,
(c)  strata subdivision—$850.
(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.
256J   Additional fee for critical State significant infrastructure
(1)  The maximum additional fee payable for an application in respect of critical State significant infrastructure is $50,000.
(2)  If State significant infrastructure is declared to be critical State significant infrastructure after the fee for the State significant infrastructure application is paid or due for payment, the additional fee under this clause is payable within 14 days after the Planning Secretary notifies the proponent that the additional fee is payable.
256K   Additional fee for making environmental impact statement publicly available
In addition to any other fees payable under this Division, the maximum fee payable for an application includes a maximum fee of $2,830 for making an environmental impact statement in relation to the application publicly available under the Act.
256KA   Additional fee for assessing concept component of staged application
(1)  In addition to any other fees payable under this Division, a fee is payable for assessing the concept component of a staged application.
(2)  The maximum fee payable under this clause is the maximum fee that would be payable in respect of all the proposed development, or all the proposed State significant infrastructure, to which the concept component of the staged application relates.
(3)  For the avoidance of doubt, the payment of a fee under this clause does not remove the need to pay any fee under this Division (or reduce any such fee) in relation to—
(a)  in the case of a concept development application—the concept development application insofar as it sets out detailed proposals for the first stage of development, or
(b)  in the case of a staged infrastructure application—the staged infrastructure application insofar as it sets out detailed proposals for the first stage, or
(c)  any other application, including a subsequent application that relates to the staged application.
256L   Additional fee for planning reform
(1)  In addition to any other fees payable under this Division, the maximum fee payable for an application includes (if the estimated cost of the development or infrastructure exceeds $50,000) a maximum fee for the services to which this clause applies, calculated as follows—
 
where—
P represents the amount payable, expressed in dollars rounded down to the nearest dollar.
E represents the estimated cost of the development or infrastructure, expressed in dollars rounded up to the nearest thousand dollars.
(2)  This clause applies to the following services—
(a)  the monitoring and reviewing by the Planning Secretary of the practices and procedures followed by consent authorities in dealing with 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,
(b)  the monitoring and reviewing by the Planning Secretary of the provisions of environmental planning instruments—
(i)  that control development or infrastructure, or
(ii)  that are required to be taken into consideration by consent authorities when dealing with applications,
for the purposes of assessing the effectiveness of those provisions in achieving their intended effect and making recommendations for their improvement,
(c)  the operational expenses of the Building Professionals Board established under the Building Professionals Act 2005,
(d)  the online delivery of planning services and information by the Planning Secretary, including—
(i)  the compilation and maintenance of the NSW planning database, and
(ii)  the operation of the NSW planning portal, and
(iii)  the enhancement of the NSW planning database and the NSW planning portal.
(3)  This clause does not apply to the concept component of a staged application.
256M   Fees for modifications
(1)  The fee payable for consideration of an application or request for modification of any of the following is to be determined by the Planning Secretary in accordance with this clause—
(a)  a consent granted by the Minister for State significant development, or
(b)  an approval of the Minister for State significant infrastructure.
(2)  The maximum fee is $850 for—
(a)  an application under section 4.55 (1) of the Act, or
(b)  a request under section 5.25 of the Act, if the Planning Secretary considers that the modification will relate only to a minor matter such as a minor error, a misdescription or a miscalculation (but not a modification referred to in subclause (3) (b)).
(3)  The maximum fee is $5,000 for—
(a)  an application under section 4.55 (1A) of the Act, or
(b)  a request under section 5.25 of the Act, if the Planning Secretary considers that the modification will involve minor environmental assessment.
(4)  The maximum fee in any other case is whichever is the greater of—
(a)  50% of the fee paid for the application or request in respect of the development or infrastructure that is proposed to be modified, or
(b)  $5,000.
(5)  If there is public notice of an application or request for modification (other than public notice on the website of the Department), an additional fee of $2,830 is payable.
(6)  The fee payable under this clause is payable by the person making the application or request and must be paid within 14 days after the Planning Secretary notifies that person of the amount of the fee.
(7)  The Minister may refuse to consider any such application or request if the fee remains unpaid.
256N   Fee for public hearing by Independent Planning Commission
(1)  The fee payable to the Planning Secretary in respect of a public hearing by the Independent Planning Commission pursuant to section 2.9 (1) (d) of the Act in respect of an application is to be determined by the Planning Secretary in accordance with this clause.
(2)  The fee is $56,600, plus an additional amount (being the estimated costs of the Commission undertaking the public hearing) of not more than $56,600.
(3)  A fee is not payable under this clause if the Planning Secretary determines that a fee is not appropriate in the circumstances of the case.
(4)  The fee payable under this clause is payable by the person making the application to which the hearing relates and must be paid within 14 days after the Planning Secretary notifies the person of the amount of the fee.
256O   Fee for planning proposal with application
(1)  The fee payable for considering a proposed environmental planning instrument in conjunction with an application under section 4.38 (5) of the Act is $22,650 plus an additional fee of $1,130 for each hectare (or part of a hectare) of the area of the proposed development site.
(2)  The fee is payable by the person making the application within 14 days after the Planning Secretary notifies the person of the fee payable.
256P   Meaning of “estimated cost” for determining fee under this Division
(1)  In determining the fee in relation to an application involving the erection of a building, the Planning Secretary must make his or her determination by reference to a genuine estimate of the capital investment value of the application.
(2)  In determining the fee in relation to an application involving the carrying out of a work, the Planning Secretary 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 an application involving the demolition of a building or work, the Planning Secretary 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 the concept component of a staged application, the Planning Secretary may make any necessary assumptions about the detail of the future stages of the development or infrastructure.
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 8.2 (1) (c) 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 4.55 (1) of the Act is $71.
(1A)  The maximum fee for an application under section 4.55 (1A) of the Act, or under section 4.56 (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 4.55 (2) of the Act, or under section 4.56 (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 4.55 (2) or 4.56 (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 4.55 (2) or 4.56 (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 8.9 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 10.7 (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 10.7 (5) of the Act.
260   Fee for building certificate
(cf clause 107 of EP&A Regulation 1994)
(1)  For the purposes of section 6.23 (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 4.2 (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, 3, 10, 11 or 14 in Part 1 of Schedule 5 to 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 6.26 (10) 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 10.8 (2) of the Act is $53.
262A   Fee for site compatibility certificate
(1)  The maximum fee for an application to the Planning 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 Planning Secretary for a site compatibility certificate (infrastructure) or a site compatibility certificate (schools or TAFE establishments) 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 Planning 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 Planning 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 Planning 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 7.44 (1) of the Act is—
(a)  the amount determined by the Planning Secretary (either generally or in any particular case or class of cases), having regard to the cost to the Minister, corporation, Department or Planning 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 Planning 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 6 certificate, if it is—
(i)  a construction certificate, or
(ii)  an occupation certificate, or
(iii)  a subdivision certificate.
(3)  The Planning Secretary may, under section 7.44 (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 4.36 (3) of the Act to pay a fee of an amount determined by the Planning 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 Planning Secretary may, under section 7.44 (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 Planning Secretary refer a matter to the Commission or to a regional panel.
Note.
 The Commission and a regional panel may advise the Minister or Planning Secretary as to planning matters under sections 2.9 (1) (c) and 2.15 (c) of the Act, respectively.
(5)  If the Minister or the Planning Secretary determines to refer any such matter to the Commission or a regional panel, the Planning Secretary may, under section 7.44 (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 Planning 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 Planning Secretary.
(6)  A fee is not payable under subclause (4) or (5) in respect of a request referred to in subclause (3).
263A   Charge by way of re-imbursement for certain local planning panel costs paid by Department
(1)  This clause applies where the Minister, under section 2.17 (5) of the Act, constitutes a local planning panel because the council has failed to do so and the costs of the panel are paid from the funds of the Department.
(2)  The Planning Secretary may, from time to time, impose a charge under section 7.44 of the Act on the council in connection with the constitution and operation of the panel not exceeding the amount of the costs of the panel that have been paid from the funds of the Department.
(3)  For the purposes of this clause, the costs of a local planning panel are the amounts paid in connection with the appointment and remuneration of members of the panel and for other expenses reasonable incurred by the panel in connection with its operation.