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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 17 September 2019 at 22:13)
Part 15 Division 1A
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)