Australian Capital Territory (Planning and Land Management) Regulations 2021

The instrument operates around several discrete legal and administrative concepts. Those concepts determine who pays, how fees move over time and what grant limits apply.

Authority, Designated Area, Territory Land and works. The instrument relies on terms defined in the Act rather than redefining them (regulation 5). Those terms are therefore central to the application of the fee rules and the maximum-term prescription: the fees attach to proposals submitted to the Authority for approval under the Act (regulation 7) and to approvals for works or signs in a Designated Area (regulation 8(1) items 1 and 3).

Maximum term for estates. Regulation 6 prescribes 999 years as the period that an estate granted in Territory Land must not exceed for the purposes of subsection 29(3) of the Act where immediately before the grant the land was subject to a perpetual lease or a lease for 999 years. The regulation therefore fixes a ceiling in a specific factual pattern contemplated by s 29(3) of the Act. The instrument expressly notes the common purposes attached to such leases: tertiary education or religious purposes.

Fees and fee types. Regulation 8(1) establishes the set of services for which the Authority may charge and specifies the fees. Item 1 captures consideration of a proposal to approve works in a Designated Area and is structured as cost bands:

• up to $20,000: fixed fee $130;
• excess over $20,000 up to $100,000: $130 plus 0.45% of amount of excess;
• excess over $100,000 up to $500,000: $1,435 plus 0.35% of excess above $100,000;
• excess over $500,000 up to $1,000,000: $2,925 plus 0.35% of excess above $500,000;
• excess over $1,000,000 up to $10,000,000: $4,475 plus 0.20% of excess above $1,000,000;
• above $10,000,000: $24,755 plus 0.15% of excess above $10,000,000.

Item 2 sets the fee for consideration of amendments to previously approved works at 25 per cent of the fee payable under item 1. Item 3 is a fixed fee for signs in a Designated Area. Item 4 is an initial consideration fee payable when particular statutory pre‑conditions in the Act are not met and the Authority issues a notice requesting further information (regulation 8(1) item 4).

Third‑party pass through, concession and indexing. Regulation 8(2) authorises an additional fee equal to amounts the Authority must pay to another person to provide the service. Regulation 8(3) provides a flat 75 per cent reduction for non‑profit community bodies where the service is connected with a non‑profit activity; they pay 25 per cent of the otherwise payable fee.

Indexation is a mechanical CPI linkage. Regulation 9 treats the dollar amounts in specified fee items as indexed amounts and requires, on each 1 July (indexation day), replacement of each indexed amount with the prior amount multiplied by an indexation factor derived from the All Groups Consumer Price Index for particular quarters. The instrument sets a minimum indexation factor of 1, requires calculation to three decimal places with specific rounding rules, and prescribes rounding of monetary amounts to the nearest whole dollar (regulation 9(2)-(6)). The index number inputs, base and reference quarters, and the definition of March quarter are specified (regulation 9(3)).

Repeal and commencement. Schedule 1 repeals the earlier regulations in full. Commencement is immediate as applied in the instrument: the whole instrument commenced the day after registration, recorded as 18 December 2021 (regulation 2).

These concepts together determine the practical operation: applicants submit proposals to the Authority, the Authority levies the prescribed fee (possibly adjusted by indexation), and certain estate grants are limited in term to 999 years where a prior perpetual or 999‑year lease existed.

The instrument identifies a small set of classes of persons and bodies that will bear direct legal or financial effects.

Applicants and sponsors of proposals to the Authority. The primary group affected are persons who submit proposals to the Authority for approval under the Act. That includes people proposing works in a Designated Area and people proposing signs in a Designated Area (regulation 8(1) items 1 and 3). Those applicants will be charged the fees specified in the table. Where a proposal is an amendment to previously approved works, the applicant will pay 25 per cent of the relevant fee (regulation 8(1) item 2). Where statutory pre‑conditions in the Act (paragraphs 12(1)(a) and (c)) are not satisfied and the Authority issues a notice, the applicant will face an initial consideration fee (regulation 8(1) item 4).

Non‑profit making community bodies. Regulation 8(3) gives a reduced fee burden to non‑profit making community bodies: they pay 25 per cent of the otherwise payable fee for a service connected with a non‑profit activity. The definition of non‑profit making community body is not set out in this instrument; readers must consult the Act or other instruments for the precise definition. The concession therefore affects fee payers who can establish that their activity qualifies as non‑profit and community‑connected.

Landholders and prospective grantees of interests in Territory Land. Regulation 6 prescribes a maximum grant period of 999 years where immediately before the grant all or part of the Territory Land was the subject of a perpetual lease or a lease for 999 years. That rule directly affects owners, lessees or prospective grantees in the factual situation specified; it constrains the maximum term the Authority may allow under the Act for new estates in that scenario.

The Authority. The Authority itself is affected as a fee collector and as a payer. Regulation 8(2) permits the Authority to recover as an additional fee any amount the Authority must pay to another person in providing the service. That mechanism influences the Authority’s financial treatment of third‑party costs and its interactions with consultants, contractors or other agencies from whom it must secure goods or services to consider a proposal.

The Australian Statistician. Indirectly affected are users of the All Groups Consumer Price Index produced by the Australian Statistician because indexation (regulation 9) uses the CPI series to update indexed amounts each year. The instrument directs that calculations use the most recently published index reference period and specifies treatment of substituted index numbers (regulation 9(7)).

Persons relying on the repealed instrument. Schedule 1 repeals the previous Australian Capital Territory (Planning and Land Management) Regulations in full. Anyone relying on fee or procedural terms in the repealed instrument must now rely on the rules in these 2021 regulations.

Who pays and who decides. The statutory structure makes applicants the payers of fees determined by the Authority under the fee table (regulation 8) and potentially increased by CPI indexation (regulation 9). The Authority has the administrative discretion to charge additional fees equal to third‑party costs (regulation 8(2)) and to apply the non‑profit concession where applicable (regulation 8(3)). The instrument does not create a mechanism for waivers beyond the specified concession and the pass‑through authority.

The instrument therefore concentrates direct costs on applicants (private persons and bodies seeking approvals) and places on the Authority an administrative responsibility to apply the fee rules, calculate indexation, and recover third‑party payments where required.

This instrument creates specific duties and entitlements for the Authority and establishes obligations on applicants, with precise procedural and numerical duties concerning indexing and fee collection.

Duties imposed on the Authority

• To charge fees for the services listed. Regulation 8(1) authorises the Authority to charge the fees set out in the table for the listed services. That is a permission to charge rather than a mandatory obligation to always charge, but in practical terms the Authority is empowered to levy those fees when providing the listed services.

• To recover third‑party expenses as additional fees if incurred. Regulation 8(2) permits the Authority to charge an additional fee equal to amounts the Authority must pay to another person in providing the service. That creates a duty to pass through recoverable third‑party costs if the Authority chooses to do so.

• To apply the non‑profit concession where appropriate. Regulation 8(3) mandates that a non‑profit making community body pays 25 per cent of the otherwise payable fee for a service connected with a non‑profit activity. The Authority must therefore calculate and apply the concession where the criteria are met.

• To apply indexation rules to indexed amounts. Regulation 9 requires indexed fee amounts to be replaced on each indexation day with an amount worked out using the indexation factor computed according to regulation 9(3). The Authority must perform CPI‑based calculations, round the indexation factor to three decimal places, enforce the minimum factor of 1, and round monetary results to the nearest dollar as specified (regulation 9(4)-(6)). The calculations must use only published index numbers for the most recently published index reference period and treat substituted index numbers in the way specified (regulation 9(7)).

Rights and obligations of applicants and others

• Applicants must pay the applicable fee for the service provided. When a person submits a proposal for approval under the Act, the Authority may charge the fee set out in the table (regulation 8(1)). The applicant’s obligation to pay is defined by the table and any applicable indexation.

• Applicants in specified circumstances must pay an initial consideration fee. Regulation 8(1) item 4 makes the Authority’s initial consideration fee payable where paragraphs 12(1)(a) and (c) of the Act are not satisfied in one or more respects and the Authority gives a notice setting out required information. The obligation therefore depends on a procedural step by the Authority.

• Non‑profit bodies have a reduced payment obligation. Regulation 8(3) replaces the otherwise payable amount with 25 per cent where the service is connected with a non‑profit making activity and the applicant is a non‑profit making community body.

• Applicants who amend approved works pay a reduced fee. Regulation 8(1) item 2 fixes the fee for amendments as 25 per cent of the fee otherwise payable for the works under item 1.

Legal constraints on estate grants

• The Authority (or the decision maker under the Act) is bound by the maximum term prescription. Regulation 6 prescribes 999 years as the maximum period for the purposes of subsection 29(3) of the Act in the specified factual circumstances. That is a directly applicable numeric limitation on grants of estates in Territory Land where the prior lease condition is satisfied.

Administrative and computational duties

• The Authority is required to compute indexed amounts and apply rounding rules. Regulation 9 prescribes precise computational steps including the definition of base quarter, reference quarter, rounding to three decimals for the indexation factor, enforcement of a minimum factor of 1, and rounding monetary amounts to the nearest whole dollar. These duties require periodic administrative calculation on each 1 July.

Duties not imposed

• The instrument contains no express enforcement clauses, penalty provisions, or appeal rights for fee disputes. It does not prescribe the processes for recovery of unpaid fees or sanctions for non‑payment. Those matters fall to the Act or to ordinary administrative and contractual remedies; they are not specified in this instrument.

Rights of interpretation and definitions

• The instrument points to the Act for a number of definitions (regulation 5). Parties must therefore consult the Act to ascertain the full scope of key terms such as Authority and Designated Area, and to identify any broader procedural rights or obligations that flow from the Act but are not replicated here.

In short, the instrument sets out a regulatory framework of administrative duties for calculating and charging fees, a statutory cap on certain estate terms, and a limited concession for non‑profit bodies, while leaving enforcement and broader decision‑making mechanisms to the Act.

The regulations themselves do not create new offences, civil penalties or express enforcement mechanisms. The instrument concentrates on fee setting, indexation and a prescribed maximum term for certain estate grants; it contains no penal clauses, infringement notices or explicit recovery procedures.

Absence of penal measures in the instrument. A careful reading finds no provision imposing criminal penalties or civil sanctions for breach of these regulations. There are no specified pecuniary penalties, no stated power to issue infringement notices under these regulations and no express administrative penalty regime attached to failure to pay a fee or to comply with procedural directions within the instrument text. Regulation 8 authorises the Authority to charge fees but does not specify enforcement remedies where a fee is unpaid.

Interaction with the Act for enforcement. The instrument is made under the Australian Capital Territory (Planning and Land Management) Act 1988 (regulation 3) and explicitly links the fee regime to subsection 53(2) of the Act (regulation 7). Any mechanisms for enforcement of fee liabilities, or penalties for non‑payment, are therefore a matter to be found in the Act rather than in these regulations. The instrument assumes the underlying Act supplies the institutional and legal machinery for decisions about approvals, collection and enforcement.

Administrative recovery through the Authority. Regulation 8(2) gives the Authority the power to charge an additional fee equal to amounts it must pay to another person in providing the service. That suggests an administrative right to recover direct outlays, but the instrument does not specify procedural steps for invoicing, due dates, or recovery methods. The Authority’s exercise of that power will likely be governed by the Act’s administrative provisions and its internal procedures.

Indexation as an automatic adjustment rather than an enforcement tool. Regulation 9 prescribes automatic annual replacement of indexed amounts on each 1 July using the CPI formula and specifies rounding and minimum factor rules. The indexation regime is a technical, automatic adjustment to fees rather than an enforcement measure. The instrument provides the computational rules the Authority must follow; it does not attach sanctions to failures in indexing.

Practical implication: consult the Act. Because this instrument focuses on fees, indexation and maximum grant periods but omits express enforcement mechanisms, practitioners and compliance staff must look to the Act for enforcement powers, recovery processes or appeal rights. The regulations set the quantum and computation but rely on the parent statute for implementation of compliance and enforcement.

In summary, the instrument establishes chargeable amounts and a maximum estate term but does not itself create penalties or an explicit enforcement regime; enforcement and remedies are to be located in the Act or in ordinary administrative law processes outside the text of these regulations.

This instrument is expressly subordinate to and integrated with the Australian Capital Territory (Planning and Land Management) Act 1988. It also depends on and incorporates external statistical series for indexation.

Primary relationship with the Act. The regulations are made under the Act (regulation 3). They operationalise specific provisions of the Act: regulation 6 is enacted for the purposes of subsection 29(3) of the Act, and Part 3 (fees) is enacted for the purposes of subsection 53(2) of the Act (regulation 7). The instrument therefore has a direct statutory interaction: it supplies details and numerical prescriptions necessary for implementing those identified sections of the Act. Key definitions (Authority, Designated Area, Territory Land, works) are taken from the Act; the instrument directs readers to the Act for those terms (regulation 5). Item 4 of the fee table links directly back to paragraphs 12(1)(a) and (c) of the Act as triggers for the initial consideration fee.

Repeal of earlier regulations. Schedule 1 repeals the earlier Australian Capital Territory (Planning and Land Management) Regulations in their entirety. That means prior regulatory detail contained in the repealed instrument is replaced by the provisions of the 2021 regulations; where the Act provided enabling powers referenced in the old instrument, the operative content changes to what is now set out in the 2021 instrument.

Indexation and the Australian Statistician. The indexation mechanism depends on the All Groups Consumer Price Index number (weighted average of the 8 capital cities) published by the Australian Statistician (regulation 9(3)). That creates an operational link with the Statistics Act and the ABS publications: calculations must use published CPI numbers for specified quarters, and the instrument prescribes how to treat substituted index numbers (regulation 9(7)). The indexation regime therefore imports a statistical dataset produced under separate statutory authority and ties regulatory fee movement to publicly published CPI series.

Limited cross‑reference to other legal instruments. Beyond the Act and the ABS CPI data, the instrument does not reference other statutes, regulations, or legal instruments. Its definitions and operational triggers are drawn primarily from the Act. Any interaction with taxation law, property law or administrative law is implicit through the Act’s broader framework; the regulations themselves do not add cross‑statutory directions.

Practical consequence. Users must consult three sources to understand full legal effect: this instrument for numeric and operational rules; the Act for definitions, grant and approval powers, procedures, enforcement and appeal mechanisms; and the ABS CPI publications for the computation of indexation. The repeal in Schedule 1 means prior regulatory details in the replaced instrument no longer apply; practitioners must ensure they are working from the current regulation text.

The instrument contains limited internal amendment history and records its commencement and repeal content at the time it was made. There are no later amendment entries in the instrument as provided.

Original commencement and registration. Regulation 2 sets out commencement arrangements using a three-column table. The instrument states that the whole instrument commences the day after registration, which is recorded as 18 December 2021. The table is noted as relating only to the provisions of the instrument as originally made; it will not be amended in the instrument itself to reflect later amendments (regulation 2(1) and the note beneath the table).

Repeal of prior regulations. Schedule 1 records the repeal of the whole previous Australian Capital Territory (Planning and Land Management) Regulations. The Schedule is concise: it lists the prior instrument and provides for its repeal in full (Schedule 1). That is the principal substantive change from the earlier regulatory framework: the 2021 instrument replaces the prior regulatory instrument.

No further amendments recorded. The instrument, as supplied, contains no separate amendment items, transitional provisions beyond the commencement table, or saving clauses dealing with existing approvals or ongoing proceedings. It does not list subsequent amendments, variation provisions or repeal dates beyond the replacement of the earlier regulations listed in Schedule 1.

Notes on the instrument’s internal statements about amendment. Regulation 2 contains a note stating the commencement table relates only to the original instrument and will not be amended for later amendments. Regulation 5 contains a typical note that a number of expressions used are defined in the Act; that is not an amendment history point but a pointer to the parent statute. No amendment or modification dates besides the original commencement and the repeal of the prior instrument appear in the supplied text.

Practical implication for users. To establish whether the 2021 instrument has been subsequently amended after registration, a user must consult the official legislative database or consolidated versions of the regulations because the instrument itself does not record post‑registration amendment activity. The instrument’s Schedule 1 indicates a single explicit amendment action at the point of making, namely repeal of the earlier regulations.

The instrument contains no references to litigation, judicial decisions, or tribunal determinations. It does not cite any court or tribunal decisions, and there is no litigation history recorded in the text.

Absence of case law in the instrument. There are no judicial citations, no mention of prior litigation concerning the predecessor regulations or the matters regulated, and no cross‑reference to judicial interpretations of the Act or prior instruments. The instrument is purely regulatory and administrative in character.

Practical consequence. Because the instrument itself supplies no litigation or case history, practitioners seeking judicial interpretation of these regulations or of the Act provisions invoked by them (for example subsection 29(3), subsection 53(2), or paragraphs 12(1)(a) and (c) of the Act) must search external case law databases, tribunal records or Attorney‑General/administrative law reports. The absence of litigation references in the instrument does not indicate absence of relevant case law under the Act; it only means the instrument does not record such material.

Guidance note-like content in the instrument. The instrument contains small explanatory notes (for example, the note at the end of regulation 6 that leases described are generally granted for tertiary education or religious purposes). Those notes are not judicial statements or determinations and do not constitute litigation history.

If litigation arises. Should disputes emerge over, for example, the application of the fee bands, the correct calculation of indexation, the applicability of the non‑profit concession, or the interpretation of the boundary condition in regulation 6, those disputes will be resolved against the statutory text and any applicable provisions of the Act, and decided by the relevant courts or tribunals. This instrument itself gives no guidance on forum, remedy or precedent.

The instrument is short, but contains several technical details and traps for practitioners who do not read the text carefully. The following are specific points to watch.

Indexation is annual and formulaic, with a floor. Items 1, 3 and 4 in the fee table are indexed amounts (regulation 9(1)). On each 1 July (indexation day) these indexed amounts are to be replaced by the prior amount multiplied by an indexation factor computed from specified CPI quarters (regulation 9(2)-(3)). The indexation factor must be rounded to three decimal places and cannot be less than 1 (regulation 9(4)-(5)). Monetary results are rounded to the nearest whole dollar (regulation 9(6)). Practitioners must not assume a simple annual percentage increase; the instrument mandates a specific quarter‑to‑quarter CPI ratio and rounding conventions.

Which fees are and are not indexed. The note in regulation 8 states that the dollar amounts in items 1, 3 and 4 are indexed annually under section 9. Item 2 is expressed as a percentage (25%) of the item 1 fee and is not separately indexed. However, because item 2 is a percentage of item 1, increases to item 1 due to indexation will indirectly increase the item 2 amount. Item 1’s numeric bands and thresholds themselves are not described as moving with indexation; only the dollar amounts listed in column 2 are indexed as specified. Users must therefore be careful when calculating the fee applicable at a point in time to use the current indexed amount for the fixed parts, and then apply percentage calculations to the current indexed numbers.

Calculation nuances in fee bands. Item 1 is structured as a fixed base plus a percentage of the amount of the excess above the lower threshold for each band. The instrument uses the phrase "amount of the excess" which requires numerical subtraction of the band lower bound before applying the percentage. For example, for works with an estimated cost exceeding $100,000 and not exceeding $500,000, the fee is $1,435 plus 0.35 per cent of the amount of the excess above $100,000. Fee calculators must therefore compute the excess correctly and add the base fee for the band. The instrument does not provide worked examples; practitioners must follow the arithmetic strictly.

Initial consideration fee trigger. Item 4 is payable when either or both of paragraphs 12(1)(a) and (c) of the Act are not satisfied in one or more respects in relation to the proposal and the Authority gives a notice setting out the information it requires to provide the service under item 1 (regulation 8(1) item 4). That is a two‑step condition: a statutory pre‑condition in the Act must be unmet and the Authority must issue a notice. The instrument does not itself explain paragraphs 12(1)(a) and (c); users must consult the Act to understand the practical triggers for item 4.

Third‑party pass through. Regulation 8(2) permits the Authority to charge an additional fee equal to amounts the Authority has to pay another person. That clause can produce variability and unpredictability in the total payable amount if the Authority engages third parties. The instrument does not constrain what the Authority may pay or set caps on these pass‑through amounts. Applicants should therefore seek clarity from the Authority about whether third‑party costs are likely and how they will be billed.

Non‑profit concession scope. The concession in regulation 8(3) applies where the payer is a non‑profit making community body and the service is connected with a non‑profit making activity. The instrument does not define the terms "non‑profit making community body" or "connected with a non‑profit making activity". Those definitions will be in the Act or other instruments; without satisfying the definitional tests an applicant cannot automatically assume entitlement to the 75 per cent discount.

Minimum indexation factor and deflation protection. Regulation 9(5) ensures that the indexation factor is never less than 1. That means fees will never be reduced by indexation, even if CPI falls; the minimum protects fee revenue from deflationary CPI movements. This is a one‑way adjustment upwards only.

Rounding conventions. Regulation 9(4) requires indexation factors to three decimal places, rounding the fourth decimal place up if it is 5 or more. Regulation 9(6) rounds monetary amounts to the nearest whole dollar, with 50 cents upwards. These rounding steps can produce small differences between hand calculations and official figures; practitioners should account for rounding at each stage.

Definitions in the Act. Regulation 5 notes that key expressions are defined in the Act. The regulatory text frequently uses those expressions without local definitions. Failure to consult the Act for the precise meaning of Authority, Designated Area, Territory Land and works can lead to misapplication of the fee table or misunderstanding of the reach of regulation 6.

Repeal of prior regulations. Schedule 1 repeals the previous instrument in full. Anyone relying on earlier fee settings or procedural stipulations must ensure they now apply the 2021 instrument.

No enforcement rules in the instrument. There are no express enforcement or penalty provisions in these regulations. Fee recovery, remedies for non‑payment and sanctions are not provided here, and must be located in the Act or in administrative procedures.

In short, watchers must read the indexing and band language carefully, verify definitional terms in the Act, account for third‑party pass‑throughs and be prepared for a one‑way CPI adjustment that prevents fee reductions.

This section sets out practical steps for applicants, for the Authority and for advisers to ensure compliance with the instrument’s requirements on fees, indexation and the maximum term prescription. All references are to the regulation numbers in the instrument.

1. Identify whether the proposal falls within the instrument’s scope. Determine whether you are submitting a proposal to the Authority for approval under the Act, and whether the subject is works or signs in a Designated Area (regulation 7 and regulation 8(1) items 1 and 3). If you are proposing an amendment to previously approved works, item 2 applies.

2. Establish applicable definitions in the Act. Because the instrument relies on definitions in the Act (regulation 5), consult the Act to confirm the meaning of Authority, Designated Area, Territory Land, works and the content of paragraphs 12(1)(a) and (c) that trigger the initial consideration fee for item 4.

3. Calculate the estimated cost of the completed works. For works falling under item 1, compute the estimated cost of the completed works accurately. Apply the fee band by subtracting the band lower bound from the estimated cost to obtain the "amount of the excess" where relevant, and apply the percentage specified for that band. Add the fixed base amount for the band. Use the unindexed monetary amounts or the current indexed amounts as appropriate (see next step on indexation).

4. Apply current indexed amounts where required. Items 1, 3 and 4 are indexed amounts under regulation 9(1). On or after 1 July in any year, use the most recently computed indexed amounts. The Authority must replace indexed amounts on each 1 July by multiplying the previous indexed amount by the indexation factor prescribed in regulation 9(2)-(3). In practice, applicants should check the Authority’s current published fee schedule or confirm the indexed amounts with the Authority, because the regulations require the Authority to perform these calculations and round to the nearest dollar (regulation 9(4)-(6)).

5. Account for non‑profit concession if applicable. If the payer is a non‑profit making community body and the service is connected with a non‑profit making activity, apply the concession in regulation 8(3): the payable amount is 25 per cent of the amount that would otherwise be payable. Ensure the applicant can demonstrate their non‑profit status and the activity’s connection to non‑profit aims, consistent with definitions in the Act or other instruments.

6. Anticipate additional fees for third‑party costs. Regulation 8(2) allows the Authority to charge an additional fee equal to amounts it must pay to another person in providing the service. When lodging a proposal, ask the Authority whether third‑party costs are expected, whether they will be invoiced separately, and how amounts will be evidenced and recovered.

7. For amendments to approved works, compute 25 per cent of the applicable item 1 fee. Regulation 8(1) item 2 sets the fee for amendments at 25 per cent of the fee that would apply under item 1. Use the current item 1 figure (including any applicable indexation) in calculating the amendment fee.

8. For initial consideration requirements, monitor notices from the Authority. Item 4 applies where either or both of paragraphs 12(1)(a) and (c) of the Act are not satisfied and the Authority issues a notice requiring information. If the Authority issues such a notice, be prepared to pay the initial consideration fee specified in item 4 (or its current indexed amount).

9. Recordkeeping and documentation. Maintain records of the estimated cost calculations, fee computations, correspondence with the Authority about third‑party costs, and any documentation demonstrating non‑profit status for concession purposes. Because the instrument provides precise computational and rounding rules (regulation 9(4)-(6)), record the steps used to arrive at the final figure.

10. For grants of estates where prior perpetual lease or 999‑year lease existed, plan for the 999‑year ceiling. If you are a party involved in the grant of an estate in Territory Land where immediately before the grant all or part of the land was the subject of a perpetual lease or lease for 999 years, account for the statutory maximum term of 999 years prescribed by regulation 6. That limit is applied for the purposes of subsection 29(3) of the Act.

11. Confirm the Authority’s current fee schedule before payment. Because the instrument requires annual indexation and the Authority may apply third‑party pass‑throughs, verify the Authority’s current fee schedule, any published indexation updates or invoices before remitting payment.

12. Seek clarification where definitions are unclear. Where the application of the fee rules depends on terms defined in the Act or on the Authority’s exercise of discretion (for example whether a service is "connected with a non‑profit making activity"), request a written statement from the Authority setting out its view to avoid disputes.

13. Consult the Act for enforcement and appeal processes. The instrument does not set out enforcement mechanisms or dispute resolution pathways. If there is disagreement about a fee, the application of a charge, or the Authority’s exercise of power under the Act, consult the Act and consider administrative review or other remedies available under the parent statute.

By following these steps, applicants can compute and anticipate the fees they will be charged under the instrument, apply concessions where available, and manage the administrative steps required by the Authority’s fee and indexation regime.