{"id":"sr:subdivision-fees-regulations-2016","name":"Subdivision (Fees) Regulations 2016","slug":"subdivision-fees-regulations-2016","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181280,"registerId":"vic-sr:subdivision-fees-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Subdivision (Fees) Regulations 2016","content":"Version No. 001\n\n**Subdivision (Fees) Regulations 2016**\n\n**S.R. No. 121/2016**\n\nVersion as at  \n13 October 2016\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definition 1\n\n6 Fee for application to certify plan and for statement of compliance 2\n\n7 Fee for alteration of plan 2\n\n8 Fee for application to amend certified plan 2\n\n9 Fee for checking engineering plan 2\n\n10 Fee for engineering plan prepared by Council 3\n\n11 Fee for supervision of works 3\n\n12 Power to waive or rebate the payment of a fee 3\n\n13 Reasons for waiver or rebate of fee to be recorded 4\n\n═══════════════\n\nEndnotes 5\n\n1 General information 5\n\n2 Table of Amendments 7\n\n3 Amendments Not in Operation 8\n\n4 Explanatory details 9\n\n**Version No.** **001**\n\n**Subdivision (Fees) Regulations 2016**\n\n**S.R. No. 121/2016**\n\nVersion as at  \n13 October 2016\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to prescribe fees payable to Councils and referral authorities under the **Subdivision Act 1988**; and\n\n(b) to empower Councils and referral authorities to waive or rebate the payment of fees payable under the **Subdivision Act 1988** in specified circumstances.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 43 of the **Subdivision Act 1988**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 13 October 2016.\n\n\t4 Revocation\n\nThe Subdivision (Fees) Interim Regulations 2015[[1]](#endnote-2) are **revoked**.\n\n\t5 Definition\n\nIn these Regulations ***the Act*** means the **Subdivision Act 1988**.\n\n\t6 Fee for application to certify plan and for statement of compliance\n\n(1) A person who applies under section 5(3)(c) of the Act to a Council for certification of a plan must pay a fee of 11·8 fee units to the Council for that certification and for the issue of a statement of compliance for the plan.\n\n(2) A fee payable under subregulation (1) must be paid by the applicant at the time at which the application is made.\n\n\t7 Fee for alteration of plan\n\n(1) An applicant who has requested a Council to alter a plan under section 10(2) of the Act must pay a fee of 7·5 fee units to the Council for the Council to agree to the alteration.\n\n(2) A fee payable under subregulation (1) must be paid by the applicant at the time at which the application is made.\n\n\t8 Fee for application to amend certified plan\n\n(1) A person who applies under section 11(1) of the Act to a Council for an amendment of a certified plan must pay a fee of 9·5 fee units to the Council for the amendment to be made.\n\n(2) A fee payable under subregulation (1) must be paid by the applicant at the time at which the application is made.\n\n\t9 Fee for checking engineering plan\n\n(1) If a Council or a referral authority requires an applicant to submit an engineering plan under section 15 of the Act, the applicant must pay the fee fixed by the Council or referral authority (as the case requires) for checking the plan, which must not exceed 0·75 per cent of the estimated cost of constructing the works proposed on the plan.\n\n(2) A fee payable under subregulation (1) must be paid by the applicant when the engineering plan is submitted.\n\n\t10 Fee for engineering plan prepared by Council\n\nIf a Council prepares an engineering plan for approval under section 15 of the Act, the maximum fee that the Council may charge the applicant for the preparation of the plan is 3·5 per cent of the estimated cost of constructing the works proposed on the plan.\n\n\t11 Fee for supervision of works\n\nIf a Council or referral authority appoints a person to supervise construction of works under section 17(2)(a) of the Act, the maximum fee that the Council or referral authority (as the case may be) may charge the applicant for the supervision is 2·5 per cent of the estimated cost of constructing the works.\n\n\t12 Power to waive or rebate the payment of a fee\n\nA Council or referral authority may waive or rebate the payment of all or part of any fee payable under the Act—\n\n(a) in respect of an application that is withdrawn, if a new application is submitted in its place; or\n\n(b) if in the opinion of the Council or referral authority (as the case may be) the payment of the fee is not warranted because—\n\n(i) of the minor nature of the consideration of the matter decided or to be decided; or\n\n(ii) the requested service imposes on the Council or referral authority (as the case may be) no appreciable burden or a lesser burden than usual for that type of service; or\n\n(c) if the fee relates to land used exclusively for charitable purposes.\n\n\t13 Reasons for waiver or rebate of fee to be recorded\n\nIf a Council or referral authority waives or rebates the payment of a fee in accordance with regulation 12, the Council or referral authority (as the case requires) must cause the matters taken into account and which formed the basis of the decision to waive or rebate the fee to be recorded in writing.\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Subdivision (Fees) Regulations 2016, S.R. No. 121/2016 were made on 27 September 2016 by the Governor in Council under section 43 of the **Subdivision Act 1988**, No. 53/1988 and came into operation on 13 October 2016: regulation 3.\n\nThe Subdivision (Fees) Regulations 2016 will sunset 10 years after the day of making on 27 September 2026 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Subdivision (Fees) Regulations 2016 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 117/2015.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2016 is $13.94. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing fees for subdivision processes under the Subdivision Act 1988. The scope has not expanded beyond fee-setting and waiver mechanisms."},"complexity_factors":["Only 13 regulations total, with straightforward sequential numbering","Single defined term ('the Act') in regulation 5","Minimal cross-referencing — only references to specific sections of the Subdivision Act 1988","Simple fee structure: fixed fee units for most items, percentage caps for engineering-related fees","No nested exceptions or conditional logic beyond basic 'if/then' scenarios","Clear separation between mandatory fees (regulations 6-11) and discretionary waivers (regulations 12-13)","Self-contained — does not modify other legislation or create elaborate compliance frameworks"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the fees that property developers and landowners must pay to local councils (and other authorities) when they want to subdivide land in Victoria. \"Subdividing\" means dividing one piece of land into two or more lots — for example, splitting a large block into smaller housing blocks.\n\n**Who it affects:**\n\n- **Property developers** and **landowners** applying to subdivide land\n- **Local councils** (who collect the fees and process applications)\n- **Referral authorities** (other government bodies that check engineering plans for things like roads and drains)\n\n**Key fees covered:**\n\n- **Certifying plans** (11.8 fee units) — checking and approving subdivision plans\n- **Altering plans** (7.5 fee units) — making changes to existing applications\n- **Amending certified plans** (9.5 fee units) — changing plans after they've been approved\n- **Checking engineering plans** (up to 0.75% of construction costs) — reviewing technical drawings for roads, drains, etc.\n- **Council-prepared engineering plans** (up to 3.5% of construction costs)\n- **Supervising construction** (up to 2.5% of construction costs) — overseeing the building of roads and infrastructure\n\n**Fee units explained:**\nInstead of stating dollar amounts, the law uses \"fee units\" (a system where the government sets a dollar value each year). In 2016, one fee unit was **$13.94**. So the certification fee was roughly $164.50 (11.8 × $13.94).\n\n**Important flexibility:**\nCouncils can **waive or reduce fees** in certain situations — for example, if the application is minor, if the work creates little burden on council, or if the land is used for charitable purposes. They must record their reasons in writing.\n\n**Why it matters:**\nThis ensures councils are paid for processing subdivision applications while giving them discretion to help charitable organisations or simple cases. It creates a predictable, transparent fee structure for property development."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"No change from the Regulations' stated objectives. The instrument implements its declared purpose to prescribe fees and allow specified waivers (reg 1), revokes the 2015 interim regulations (reg 4), and has no subsequent amendments recorded (Endnotes: Table of Amendments)."},"complexity_factors":["Multiple fee types and timings (fixed fee‑unit amounts for certification/alteration/amendment; payment required at time of application/submission) (regs 6–8, 9(2))","Percentage‑based caps linked to estimated construction cost (requires cost estimation and calculation: checking plan cap 0.75%; plan preparation cap 3.5%; supervision cap 2.5%) (regs 9(1), 10, 11)","Fee units indexing and rounding: fees are expressed in fee units whose dollar value is set annually under the Monetary Units Act 2004 and may be rounded (Explanatory details)","Administrative discretion to waive or rebate fees with subjective criteria ('in the opinion of the Council or referral authority') (reg 12(b))","Mandatory record‑keeping requirement when waiving or rebating a fee (reg 13)","Multiple decision‑makers (Councils and referral authorities) and delegation risk increase operational variability (regs 1, 2, 12)","Revocation of prior interim regulations and a fixed sunset date creates legislative lifecycle considerations (reg 4; Endnotes: sunset 10 years after making)"],"plain_english_summary":"These Regulations prescribe the fees that applicants (typically developers or landowners) must pay to local Councils and referral authorities under the Subdivision Act 1988 for certifying, altering or amending subdivision plans, engineering-plan checks, plan preparation and supervision. Fees are either fixed amounts expressed in fee units or caps set as percentages of the estimated construction cost; applicants must generally pay when applying or submitting plans. Councils and referral authorities may waive or rebate fees in specified circumstances but must record the reasons."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, this regulation appears to remain consistent with its original purpose of prescribing fees under the Subdivision Act 1988. There is no evidence from the provided text of scope creep or changes from original intent. However, the extremely limited content provided makes a definitive assessment impossible."},"complexity_factors":["Fee regulations are typically straightforward, consisting mainly of schedules listing fees for specific actions","The legislation is narrow in scope — it deals solely with fees, not substantive legal rights or obligations","Virtually no substantive content was provided in the source text, limiting analysis to the title and metadata","Fees regulations can require cross-referencing the parent Act (the Subdivision Act 1988) to understand the context of each fee"],"plain_english_summary":"The Subdivision (Fees) Regulations 2016 set the official fees payable for land subdivision procedures in Victoria. They apply to landowners, developers, surveyors and councils involved in lodging and processing subdivision plans.\n\nThis instrument matters because it standardises what must be paid at each subdivision stage. Note: only limited administrative text is available, so specific fee amounts and detailed provisions aren’t shown."}},"importantCases":[],"_links":{"self":"/api/acts/subdivision-fees-regulations-2016","history":"/api/acts/subdivision-fees-regulations-2016/history","analysis":"/api/acts/subdivision-fees-regulations-2016/analysis","conflicts":"/api/acts/subdivision-fees-regulations-2016/conflicts","importantCases":"/api/acts/subdivision-fees-regulations-2016/important-cases","documents":"/api/acts/subdivision-fees-regulations-2016/documents"}}