Subdivision (Fees) Interim Regulations 2013
S.R. No. 43/2013
table of provisions
RegulationPage
RegulationPage
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definition
6Fees for applications
7Fee for engineering plan prepared by Council
8Fee for supervision of works
9Fee for checking engineering plans
10Power to waive or rebate the payment of a fee
11Expiry
═══════════════
ENDNOTES
1
S.R. No. 43/2013
Subdivision (Fees) Interim Regulations 2013
statutory rules 2013
S.R. No. 43/2013
1
S.R. No. 43/2013
Subdivision (Fees) Interim Regulations 2013
Subdivision Act 1988
1
S.R. No. 43/2013
Subdivision (Fees) Interim Regulations 2013
Subdivision (Fees) Interim Regulations 2013
1
S.R. No. 43/2013
Subdivision (Fees) Interim Regulations 2013
The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:
Dated: 16 April 2013
Responsible Minister:
MATTHEW GUY
Minister for Planning
YVETTE CARISBROOKE
Clerk of the Executive Council
1Objectives
The objectives of these Regulations are—
(a)to prescribe fees payable to Councils and referral authorities under the Subdivision Act 1988; and
(b)to empower Councils to waive or rebate the payment of a fee payable under the Subdivision Act 1988 in specified circumstances.
2Authorising provision
These Regulations are made under section 43 of the Subdivision Act 1988.
3Commencement
These Regulations come into operation on 21April 2013.
4Revocation
The Subdivision (Fees) Interim Regulations 2012[1] are revoked.
r. 3
5Definition
In these Regulations, the Act means the Subdivision Act 1988.
6Fees for applications
(1)A person who applies to the Council for certification of a plan of subdivision must pay to the Council a fee of $100 plus $20 for each lot to be created by the subdivision.
(2)A person who applies to the Council for certification of a plan, other than a plan of subdivision, must pay to the Council a fee of $100.
(3)A fee payable under this regulation must be paid at the time at which the application is made.
7Fee for engineering plan prepared by Council
If a Council prepares an engineering plan under section15(6) of the Act, the maximum prescribed fee the Council may charge the applicant is 35per cent of the estimated cost of constructing the works proposed on the engineering plan.
8Fee for supervision of works
If a Council or referral authority appoints a personto supervise the construction of works under section 17(2)(a) of the Act,the maximum prescribed fee that the Council or referral authority (as the case may be) may charge under section 17(2)(b) is 25 per cent of the estimated cost of constructing the works.
9Fee for checking engineering plans
r. 9
(1)A Council may fix a fee for considering an engineering plan submitted under section 15 of the Act.
(2)The maximum fee that may be fixed by a Council under subregulation (1) is 0·75 per cent of the estimated cost of constructing the works proposed on the engineering plan.
(3)An applicant who submits an engineering plan to a Council under section 15 of the Act must pay the Council the fee (if any) fixed by the Council under subregulation (1) when the plan is submitted.
10Power to waive or rebate the payment of a fee
A Council may waive or rebate the payment of all or part of any fee payable under the Act if—
(a)an application under the Act is withdrawn and a new application is submitted; or
(b)in the opinion of the Council, the payment of the fee is not warranted because of the minor nature of the consideration of the matter to be decided; or
(c)in the opinion of the Council, the requested service imposes on the Council no appreciable burden or a lesser burden than usual for that type of service.
11Expiry
These Regulations expire on 20 October 2013.
═══════════════
1
S.R. No. 43/2013
Subdivision (Fees) Interim Regulations 2013
ENDNOTES
Endnotes
1
[1]Reg. 4: S.R. No. 78/2012.