Planning (Assessment Fees and Other Matters) Amendment Regulation 2023

1Short title

This regulation may be cited as the Planning (Assessment Fees and Other Matters) Amendment Regulation 2023.

2Regulation amended

This regulation amends the Planning Regulation 2017.

3Amendment of s 10 (Minister’s guidelines and rules—Act, s 17)

Section 10, ‘September 2020’—
omit, insert—

July 2023

4Amendment of s 14 (Guidelines for environmental assessment and consultation—Act, s 36)

Section 14, ‘September 2020’—
omit, insert—

July 2023

5Amendment of s 15 (Designation process rules—Act, s 37)

Section 15, ‘September 2020’—
omit, insert—

July 2023

6Amendment of s 53 (Infrastructure guidelines—Act, ss 116 and 117)

Section 53, ‘September 2020’—
omit, insert—

July 2023

7Amendment of sch 6 (Development local categorising instrument is prohibited from stating is assessable development)

Schedule 6—
insert—

35Development for temporary detention centre

Development for a temporary detention centre under the Youth Justice Act 1992.

8Amendment of sch 10 (Development assessment)

(1)Schedule 10, part 9, division 4, subdivision 2, table 4, item 8—
omit, insert—

8  Fee for referral—
(a)  if the material change of use involves reconfiguring a lot stated in table 1, item 1, column 2, table 2, item 1, column 2 or table 3, item 1, column 2	Nil
(b)  if paragraph (a) does not apply and the material change of use is stated in item 1, column 2, paragraph (a) or (c) and does not involve new relevant vehicular access to a State transport corridor—
(i)  for premises that consist of at least 1 dwelling but no more than 4 dwellings	856 fee units for— (a)  each State transport corridor that all or part of the premises are within 25m of; and (b)  each State-controlled road, other than a State-controlled road to which paragraph (a) applies, that intersects with a road that is adjacent to all or part of the premises, if the intersection is within 100m of all or part of the premises
	Examples— 1  For premises within 25m of 3 State transport corridors, the fee is 2,568 fee units. 2  For premises— (a)  within 25m of a State-controlled road; and (b)  adjacent to a road that intersects with the State-controlled road mentioned in paragraph (a) and within 100m of the intersection; the fee is 856 fee units.
(ii)  otherwise	1,714 fee units + (856 fee units x S)
	where—
	S means the total of the following, minus 1— (a)  the number of State transport corridors that all or part of the premises are within 25m of; (b)  the number of State-controlled roads, other than State-controlled roads to which paragraph (a) applies, that intersect with a road that is adjacent to all or part of the premises, if the intersection is within 100m of all or part of the premises
	Examples— 1  For premises within 25m of 3 State transport corridors, the fee is 1,714 fee units + (856 fee units x 2) = 3,426 fee units. 2  For premises— (a)  within 25m of a State-controlled road; and (b)  adjacent to a road that intersects with the State-controlled road mentioned in paragraph (a) and within 100m of the intersection; the fee is 1,714 fee units + (856 fee units x 0) = 1,714 fee units.
(c)  if paragraph (a) does not apply and the material change of use is stated in item 1, column 2, paragraph (a) or (c) and involves a new relevant vehicular access to a State transport corridor—
(i)  for premises that consist of at least 1 dwelling but no more than 4 dwellings	1,714 fee units + (856 fee units x S)
	where—
	S means the total of the following, minus 1— (a)  the number of State transport corridors that all or part of the premises are within 25m of; (b)  the number of State-controlled roads, other than State-controlled roads to which paragraph (a) applies, that intersect with a road that is adjacent to all or part of the premises, if the intersection is within 100m of all or part of the premises
	Examples— 1  For premises within 25m of 3 State transport corridors, the fee is 1,714 fee units + (856 fee units x 2) = 3,426 fee units. 2  For premises— (a)  within 25m of a State-controlled road; and (b)  adjacent to a road that intersects with the State-controlled road mentioned in paragraph (a) and within 100m of the intersection; the fee is 1,714 fee units + (856 fee units x 0) = 1,714 fee units.
(ii)  otherwise	3,430 fee units + (1,714 fee units x S)
	where—
	S means the total of the following, minus 1— (a)  the number of State transport corridors that all or part of the premises are within 25m of; (b)  the number of State-controlled roads, other than State-controlled roads to which paragraph (a) applies, that intersect with a road that is adjacent to all or part of the premises, if the intersection is within 100m of all or part of the premises
	Examples— 1  For premises within 25m of 3 State transport corridors, the fee is 3,430 fee units + (1,714 fee units x 2) = 6,858 fee units. 2  For premises— (a)  within 25m of a State-controlled road; and (b)  adjacent to a road that intersects with the State-controlled road mentioned in paragraph (a) and within 100m of the intersection; the fee is 3,430 fee units + (1,714 fee units x 0) = 3,430 fee units.
(d)  if paragraph (a) does not apply and all or part of the premises are a future State transport corridor—
(i)  for premises that consist of at least 1 dwelling but no more than 4 dwellings	856 fee units for each future State transport corridor
(ii)  otherwise	1,714 fee units for each future State transport corridor

(2)Schedule 10, part 17, division 3, table 2, item 8(c), column 2, ‘13,715 fee units’—
omit, insert—

6,859 fee units