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Environmental Planning and Assessment Regulation 2021
256Determination of fees for applications
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#### 256 Determination of fees for applications
256 Determination of fees for applications
> > (1) The fee for an application must be determined in accordance with this Part and Schedule 4 by—
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> > > (a) if the application relates to State significant development or State significant infrastructure—the Planning Secretary, or
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> > > (b) otherwise—the consent authority.
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> > (2) The determination of the fee for an application must be made before, or within 14 days after—
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> > > (a) if the application relates to State significant infrastructure—the environmental impact statement is submitted to the Planning Secretary under the Act, section 5.17, or
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> > > (b) otherwise—the application is submitted on the NSW planning portal.
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> > (3) The determination takes effect when notice of the determination is given to the applicant through the NSW planning portal.
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> > (4) The fee for an application may consist of the sum of 1 or more fees for different matters.
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> > Note—
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> > Schedule 4 specifies various fees for different matters, including the following—
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> > > (a) different fees for different kinds of development,
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> > > (b) additional fees for certain kinds of development,
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> > > (c) fees payable if a consent authority is required to publicly notify a development application or other document,
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> > > (d) fees payable to an approval body for integrated development and to a concurrence authority for development requiring concurrence.
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> > (5) If a fee has been determined and notified to the applicant but has not been paid, the consent authority, or the Minister if the application relates to State significant infrastructure, may refuse to consider the application.
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> > (6) In this section—
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> > application includes an application for review under the Act, section 8.3.