ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 263 Other fees

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 263

263 Other fees

(cf clause 109 of EP[#38]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 of any of the following certificates on the NSW planning portal--

(a) a complying development certificate,

(b) a Part 6 certificate, if it is--

(i) a construction certificate, or

(ia) a subdivision works 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).