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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 November 2019 at 11:55)
Part 15 Division 2 Clause 258
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.