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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 18 November 2019 at 10:16)
Part 15 Division 1AA
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(3)    (Repealed)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.