{"id":"tas:sr-2023-074","name":"State Policies and Projects (Fees) Regulations 2023","slug":"state-policies-and-projects-fees-regulations-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"74 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179410,"registerId":"tas-tas:sr-2023-074-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [State Policies and Projects (Fees) Regulations 2023](/view/html/inforce/2026-04-12/sr-2023-074) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these regulations –\n> > \n> > > ***Act*** means the [State Policies and Projects Act 1993](/view/html/inforce/2026-04-12/act-1993-065) ;\n> > \n> > > ***chairperson***, in relation to a project of State significance, means the person whom the Commission has assigned to chair the integrated assessment of the project under the Act;\n> > \n> > > ***consultant***, in relation to a project of State significance, means a person employed or engaged by the Commission to provide advice, or recommendations, in respect of the project;\n> > \n> > > ***cumulative working period***, in respect of a class of persons for a project stage of a project of State significance – see [subregulation (2)](#GS3@Gs2@EN) ;\n> > \n> > > ***delegate***, in relation to a project of State significance, means a person to whom a function or power of the Commission has been delegated, under [section 8](/view/html/inforce/2026-04-12/act-1997-085#GS8@EN) of the [Tasmanian Planning Commission Act 1997](/view/html/inforce/2026-04-12/act-1997-085) , in respect of the project;\n> > \n> > > ***person proposing the project of State significance*** has the same meaning as in [Part 3](/view/html/inforce/2026-04-12/act-1993-065#HP3@EN) of the Act;\n> > \n> > > ***project stage***, in relation to a project of State significance, means a stage specified in [regulation 5(1)](#GS5@Gs1@EN) ;\n> > \n> > > ***staff***, in relation to a project of State significance, means a person employed or engaged to undertake work in respect of the project at the Commission, other than a person employed or engaged as –\n> > > \n> > > > > (a) the chairperson, or a delegate, in respect of the project; or\n> > > > \n> > > > > (b) a consultant in respect of the project.\n> \n> > (2)  The cumulative working period for a class of persons, in respect of a project stage, is calculated by –\n> > \n> > > > (a) adding the total number of hours worked by all members of that class of persons on that project stage; and\n> > > \n> > > > (b) dividing that total number of hours by –\n> > > > \n> > > > > > (i) in the case of the calculation of a cumulative working period for staff – 7.35; or\n> > > > > \n> > > > > > (ii) for any other calculation of a cumulative working period – 8; and\n> > > \n> > > > (c) rounding the final number up to two decimal places.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Fee for consideration of project of State significance","content":"### 4 Fee for consideration of project of State significance\n\n> > (1)  If, under [section 18(1)](/view/html/inforce/2026-04-12/act-1993-065#GS18@Gs1@EN) of the Act, the Minister considers that a project is a project of State significance, the person proposing the project of State significance is required to pay a fee of 17 000 fee units to cover the administrative costs of assessing whether the project is eligible, under section 16 of the Act, to be a project of State significance.\n> \n> > (2)  Despite [subregulation (1)](#GS4@Gs1@EN) , the Minister is to waive a fee payable under that subregulation in respect of a project if the Minister, under [section 18(1)](/view/html/inforce/2026-04-12/act-1993-065#GS18@Gs1@EN) of the Act, considers the project, or makes a recommendation to the Governor in respect of the project, on the Minister’s own initiative.\n> \n> > (3)  A fee payable under [subregulation (1)](#GS4@Gs1@EN) in respect of a project is due and owing to the State within the 30-day period immediately after the making of an order under [section 18](/view/html/inforce/2026-04-12/act-1993-065#GS18@EN) (2) of the Act, in respect of the project, is notified in the *Gazette*.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Fees to be paid for project stages","content":"### 5 Fees to be paid for project stages\n\n> > (1)  For the purposes of the Act, a fee is payable for the following stages in respect of a project of State significance, if the stage occurs in respect of the project:\n> > \n> > > > (a) the preparation of assessment guidelines, including exhibition of draft assessment guidelines, under [section 20(2B)](/view/html/inforce/2026-04-12/act-1993-065#GS20@Gs2B@EN) of the Act;\n> > > \n> > > > (b) the preparation of the draft integrated assessment report and its public exhibition under [section 22](/view/html/inforce/2026-04-12/act-1993-065#GS22@EN) of the Act;\n> > > \n> > > > (c) the modification of the draft integrated assessment report and the public exhibition of the modified report under [section 25](/view/html/inforce/2026-04-12/act-1993-065#GS25@EN) of the Act;\n> > > \n> > > > (d) the preparation of the final recommendations report to the Minister under [section 26](/view/html/inforce/2026-04-12/act-1993-065#GS26@EN) of the Act;\n> > > \n> > > > (e) the preparation of a report recommending additional conditions under [section 26A](/view/html/inforce/2026-04-12/act-1993-065#GS26A@EN) of the Act;\n> > > \n> > > > (f) the preparation of an amendment order under [section 26B](/view/html/inforce/2026-04-12/act-1993-065#GS26B@EN) of the Act.\n> \n> > (2)  A fee payable under [subregulation (1)](#GS5@Gs1@EN) in respect of a stage is to be calculated in accordance with [regulation 6](#GS6@EN) (1).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Calculation of fees","content":"### 6 Calculation of fees\n\n> > (1)  A fee payable for a project stage under [regulation 5(1)](#GS5@Gs1@EN) is the sum of the following amounts as calculated for that stage:\n> > \n> > > > (a) the amount calculated by multiplying 60 000 fee units by the relevant portion factor, for the project stage, as specified in [subregulation (2)](#GS6@Gs2@EN) ;\n> > > \n> > > > (b) the chairperson component for the project stage as calculated under [regulation 7](#GS7@EN) ;\n> > > \n> > > > (c) the delegate component for the project stage as calculated under [regulation 8](#GS8@EN) ;\n> > > \n> > > > (d) the staff component for the project stage as calculated under [regulation 9](#GS9@EN) ;\n> > > \n> > > > (e) the consultant component for the project stage as calculated under [regulation 10](#GS10@EN) .\n> \n> > (2)  The portion factors, for the purpose of calculating a fee under [subregulation (1)](#GS6@Gs1@EN) in respect of a project stage, are as follows:\n> > \n> > > > (a) for the project stage relating to the preparation of assessment guidelines, including exhibition of draft assessment guidelines, under [section 20(2B)](/view/html/inforce/2026-04-12/act-1993-065#GS20@Gs2B@EN) of the Act – 0.2;\n> > > \n> > > > (b) for the project stage relating to the preparation of the draft integrated assessment report and its public exhibition under [section 22](/view/html/inforce/2026-04-12/act-1993-065#GS22@EN) of the Act – 0.5;\n> > > \n> > > > (c) for the project stage relating to the modification of the draft integrated assessment report and the public exhibition of the modified report under [section 25](/view/html/inforce/2026-04-12/act-1993-065#GS25@EN) of the Act – 0.2;\n> > > \n> > > > (d) for the project stage relating to the preparation of the final recommendations report to the Minister under [section 26](/view/html/inforce/2026-04-12/act-1993-065#GS26@EN) of the Act – 0.3;\n> > > \n> > > > (e) for the project stage relating to the preparation of a report recommending additional conditions under [section 26A](/view/html/inforce/2026-04-12/act-1993-065#GS26A@EN) of the Act – 0.2;\n> > > \n> > > > (f) for the project stage relating to the preparation of an amendment order under [section 26B](/view/html/inforce/2026-04-12/act-1993-065#GS26B@EN) of the Act – 0.2.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Chairperson component","content":"### 7 Chairperson component\n\n> The chairperson component for a project stage is to be calculated by multiplying the cumulative working period for all chairpersons on that project stage by 790 fee units.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Delegate component","content":"### 8 Delegate component\n\n> The delegate component for a project stage is to be calculated by multiplying the cumulative working period for all delegates, other than the chairpersons, on that project stage by 510 fee units.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Staff component","content":"### 9 Staff component\n\n> > (1)  In this regulation –\n> > \n> > > ***TSS Award*** means the Tasmanian State Service Award made under the [Industrial Relations Act 1984](/view/html/inforce/2026-04-12/act-1984-021) and any award made in substitution for that award.\n> \n> > (2)  The staff component for a project stage is the sum of the following amounts for that stage:\n> > \n> > > > (a) the amount calculated by multiplying the cumulative working period, for level 1 staff on that project stage, by 290 fee units;\n> > > \n> > > > (b) the amount calculated by multiplying the cumulative working period, for level 2 staff on that project stage, by 340 fee units;\n> > > \n> > > > (c) the amount calculated by multiplying the cumulative working period, for level 3 staff on that project stage, by 370 fee units;\n> > > \n> > > > (d) the amount calculated by multiplying the cumulative working period, for level 4 staff on that project stage, by 510 fee units.\n> \n> > (3)  For the purposes of these regulations, the levels for staff for a project of State significance are determined as follows:\n> > \n> > > > (a) level 1 staff for the project are staff who are employed or engaged at Band 5, under the TSS Award, in respect of work performed in respect of the project;\n> > > \n> > > > (b) level 2 staff for the project are staff who are employed or engaged at Band 6, under the TSS Award, in respect of work performed in respect of the project;\n> > > \n> > > > (c) level 3 staff for the project are staff who are employed or engaged at Band 7, under the TSS Award, in respect of work performed in respect of the project;\n> > > \n> > > > (d) level 4 staff for the project are staff who are employed or engaged at Band 8 or above, under the TSS Award, in respect of work performed in respect of the project.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Consultant component","content":"### 10 Consultant component\n\n> > (1)  The consultant component for a project stage is the sum of the following amounts for that stage:\n> > \n> > > > (a) the amount calculated by multiplying the cumulative working period, for level 1 consultants on that project stage, by 560 fee units;\n> > > \n> > > > (b) the amount calculated by multiplying the cumulative working period, for level 2 consultants on that project stage, by 1 120 fee units;\n> > > \n> > > > (c) the amount calculated by multiplying the cumulative working period, for level 3 consultants on that project stage, by 1 690 fee units;\n> > > \n> > > > (d) the amount calculated by multiplying the cumulative working period, for level 4 consultants on that project stage, by 2 250 fee units;\n> > > \n> > > > (e) the amount calculated by multiplying the cumulative working period, for level 5 consultants on that project stage, by 2 810 fee units.\n> \n> > (2)  For the purposes of these regulations, the classification of a consultant at a specific level is to be in accordance with the arrangements, made by the Commission under [section 18(3)](/view/html/inforce/2026-04-12/act-1997-085#GS18@Gs3@EN) of the [Tasmanian Planning Commission Act 1997](/view/html/inforce/2026-04-12/act-1997-085) , under which the consultant has been engaged for that project stage.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Person liable to pay fees under these regulations","content":"### 11 Person liable to pay fees under these regulations\n\n> > (1)  For the purposes of these regulations, the person liable to pay a fee under these regulations, in respect of a project of State significance, is the person proposing the project of State significance.\n> \n> > (2)  If there are two or more persons proposing the project of State significance –\n> > \n> > > > (a) each such person is liable, in equal shares, to pay a fee that is payable under these regulations in respect of the project, unless all such persons agree otherwise; and\n> > > \n> > > > (b) the person to whom the fee is payable may recover the fee, jointly and severally, from one or more such persons.\n> \n> > (3)  Nothing in [subregulation (2)](#GS11@Gs2@EN) prevents a person proposing the project of State significance (the ***first proponent***) from recovering, from another person proposing the project of State significance, an amount paid by the first proponent under [subregulation (2)](#GS11@Gs2@EN) , in respect of a fee, that exceeds the amount that the first proponent is liable to pay under that subregulation for that fee.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Project fee payable at specified time","content":"### 12 Project fee payable at specified time\n\n> A fee payable under [regulation 5(1)](#GS5@Gs1@EN) in respect of a project stage is due and owing to the Commission as follows:\n> \n> > > (a) if the fee relates to the preparation of assessment guidelines, including exhibition of draft assessment guidelines, under [section 20(2B)](/view/html/inforce/2026-04-12/act-1993-065#GS20@Gs2B@EN) of the Act – within the 30-day period immediately after the publication of the assessment guidelines;\n> > \n> > > (b) if the fee relates to the preparation of the draft integrated assessment report and its public exhibition under [section 22](/view/html/inforce/2026-04-12/act-1993-065#GS22@EN) of the Act – within the 30-day period immediately after the completion of the public exhibition;\n> > \n> > > (c) if the fee relates to the modification of the draft integrated assessment report and the public exhibition of the modified report under [section 25](/view/html/inforce/2026-04-12/act-1993-065#GS25@EN) of the Act – within the 30-day period immediately after the completion of the modification of the draft report;\n> > \n> > > (d) if the fee relates to the preparation of the final recommendations report to the Minister under [section 26](/view/html/inforce/2026-04-12/act-1993-065#GS26@EN) of the Act – within the 30-day period immediately after the Commission publishes notice of the report under section 26(3) of the Act;\n> > \n> > > (e) if the fee relates to the preparation of a report recommending additional conditions under [section 26A](/view/html/inforce/2026-04-12/act-1993-065#GS26A@EN) of the Act – within the 30-day period immediately after the Commission publishes notice of the report under section 26A(3) of the Act;\n> > \n> > > (f) if the fee relates to the preparation of an amendment order under [section 26B](/view/html/inforce/2026-04-12/act-1993-065#GS26B@EN) of the Act – within the 30-day period immediately after the Commission publishes notice of the report, in respect of the amendment order, under section 26B(6).","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Remission of fees in certain circumstances","content":"### 13 Remission of fees in certain circumstances\n\n> If the person proposing a project of State significance has paid a fee under these regulations in respect of a project stage of the project, the Commission may remit such part of that fee so paid that exceeds the actual costs incurred by the Commission for that project stage.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 November 2023\n\nThese regulations are administered in the Department of Premier and Cabinet.","sortOrder":12}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"These regulations do not alter which projects qualify as projects of State significance or change decision‑making powers under the Act. They prescribe a fee regime: initial eligibility fee, stage‑by‑stage fees, calculation methods, payment timings, waiver and remission powers, and liability apportionment (see regs 4, 5, 6, 11, 12, 13). There is no provision in the text that expands or narrows the statutory scope of projects; the instrument deals solely with cost recovery and administrative mechanics."},"complexity_factors":["Composite fee formula combining a base amount (60,000 fee units × portion factor) with five separate components (chairperson, delegate, staff, consultant) (reg 6(1)–(2)).","Multiple project stages each with different portion factors requiring conditional application (reg 5(1); reg 6(2)).","Use of cumulative working period to convert hours into chargeable units, with different divisors and rounding rules (reg 3(2)).","Separate rate schedules for chairpersons, delegates, multiple staff bands and multiple consultant levels, producing many calculation permutations (regs 7–10).","Staff bands reference an external industrial instrument (TSS Award) for level definitions, and consultant levels depend on Commission arrangements under another Act—introduces dependence on external classification rules (reg 9(1), reg 9(3), reg 10(2)).","Timing and payment triggers differ by stage (publication, exhibition, completion notices) and create discrete payment obligations tied to administrative events (reg 12).","Discretionary relief mechanisms: Minister waiver of initial fee (reg 4(2)) and Commission power to remit amounts exceeding actual costs (reg 13) add administrative discretion and potential variability in net charges.","Liability and recovery rules for multiple proponents (equal shares unless agreed otherwise; joint and several recovery permitted) create allocation and commercial-recovery complexity (reg 11(2)–(3)).","Fees expressed in 'fee units' (used throughout) require cross-reference to the fee unit value to compute monetary amounts, adding an external conversion step."],"plain_english_summary":"These regulations set the fees and the maths for assessing and processing “projects of State significance” under the State Policies and Projects Act 1993. The project proponent must pay an initial eligibility fee and stage fees calculated from a base amount in fee units plus components for chairperson, delegates, staff and consultants. The Minister can waive the initial fee (s4) and the Commission classifies consultants and may remit amounts that exceed actual costs (s10, s13). Who pays: the project proponent(s) (s11)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation appears to serve its straightforward original purpose of prescribing fees under the State Policies and Projects Act. There is no indication from the available text that the scope has expanded or drifted from that narrow administrative intent."},"complexity_factors":["Very narrow, administrative subject matter — purely a fee schedule","Limited legislative text was provided, making full analysis impossible","No substantive legal rights or obligations beyond payment requirements","Operates as subordinate legislation (a regulation) under a parent Act, requiring familiarity with that Act for full context","Jurisdiction-specific (Tasmania only), so may be unfamiliar to those outside that state"],"plain_english_summary":"This regulation fixes the fee amounts payable under Tasmania’s State Policies and Projects Act for lodging applications and requests with the State Policies and Projects Authority. It affects developers, businesses and other applicants seeking state-level assessment of significant projects and ensures the government can recover administrative costs—so knowing the correct fee is essential to avoid delays or rejected applications."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear to stay within their intended scope of setting fees for assessment of projects of State significance. The detailed cost-recovery mechanism, while complex, directly serves the purpose of ensuring developers pay for the administrative costs of assessment. There is no evidence of scope creep into unrelated policy areas."},"complexity_factors":["Multi-layered fee calculation requiring summation of five separate components (base amount + chairperson + delegate + staff + consultant)","Custom mathematical formula for \"cumulative working period\" with different divisors for staff (7.35) versus other categories (8)","8 defined terms in interpretation section, several cross-referencing other Acts","Nested definitions: staff levels depend on TSS Award classifications; consultant levels depend on separate Commission arrangements","6 different portion factors (0.2 to 0.5) applied to base amount depending on project stage","5 different fee rates for consultants ($560-$2,810) and 4 for staff ($290-$510) requiring precise classification","Multiple cross-references to sections of the State Policies and Projects Act 1993 and Tasmanian Planning Commission Act 1997","Conditional payment timing with 6 different trigger events for different stages","Joint and several liability provisions for multiple proponents with recovery rights between them"],"plain_english_summary":"These regulations set out the fees that developers must pay when they propose major projects in Tasmania that are classified as \"projects of State significance\" (large developments that need special assessment because of their size, impact, or importance).\n\n**What it does:**\n- **Initial fee:** Charges $17,000 (in fee units) just to have the Minister consider whether a project qualifies as a project of State significance. This fee is waived if the Minister initiates the assessment themselves rather than responding to a developer application.\n- **Stage-based fees:** For projects that proceed, fees are charged for six specific stages of assessment, including preparing guidelines, drafting assessment reports, modifying reports, and preparing final recommendations.\n\n**How fees are calculated:**\nFees are worked out using a complex formula based on:\n- A base amount (60,000 fee units) multiplied by a \"portion factor\" (ranging from 0.2 to 0.5 depending on the stage)\n- **Plus** time spent by the chairperson ($790 per \"cumulative working period\")\n- **Plus** time spent by delegates ($510 per cumulative working period)\n- **Plus** time spent by staff (ranging from $290 to $510 per cumulative working period depending on their pay grade)\n- **Plus** time spent by external consultants (ranging from $560 to $2,810 per cumulative working period depending on their seniority)\n\n**Key terms explained:**\n- **\"Cumulative working period\"** means the total hours worked by all people in a category, converted to a standard measure (divided by 7.35 for staff or 8 for others).\n- **\"Fee units\"** are a standard way of setting fees in Tasmanian law—the actual dollar amount changes annually with inflation.\n\n**Who pays:**\nThe developer proposing the project pays. If there are multiple developers, they split the cost equally unless they agree otherwise.\n\n**When fees are due:**\nGenerally within 30 days of completing each assessment stage.\n\n**Refund possibility:**\nIf a developer pays more than the actual cost of a stage, the Commission can refund the difference.\n\n**Why it matters:**\nThese regulations ensure that developers—not taxpayers—bear the full cost of assessing major developments. The detailed fee structure aims to recover actual costs based on time spent by government officials and consultants, making the process transparent but potentially expensive for large projects."}},"importantCases":[],"_links":{"self":"/api/acts/state-policies-and-projects-fees-regulations-2023","history":"/api/acts/state-policies-and-projects-fees-regulations-2023/history","analysis":"/api/acts/state-policies-and-projects-fees-regulations-2023/analysis","conflicts":"/api/acts/state-policies-and-projects-fees-regulations-2023/conflicts","importantCases":"/api/acts/state-policies-and-projects-fees-regulations-2023/important-cases","documents":"/api/acts/state-policies-and-projects-fees-regulations-2023/documents"}}