Planning and Development (Fees) Notice 2021

The notice builds its fee structure around the type of planning action and, where relevant, the scale of the subdivision. The central distinction is between an application for approval of freehold, survey-strata (freehold or leasehold), or community titles scheme subdivision and subsequent procedural steps. Within that, the notice splits applications into two categories: (a) those seeking approval of amalgamation only, and (b) those seeking approval of amalgamation and other subdivision, or subdivision without amalgamation. Item 1(b) applications attract a two‑tier fee: for 100 or fewer lots, a base fee of $3,743 plus $83 per lot; for 101 or more lots, a base fee of $12,043 plus $28 per lot in excess of 100. That tiering creates a strong incentive to bundle many lots into a single application: the per-lot marginal cost drops from $83 to $28 once the 101‑lot threshold is crossed. Amalgamation-only applications that are contemporaneous with another subdivision application (and for which a fee is paid) attract no fee under item 1(a)(i); otherwise they cost $2,700. This is designed to avoid double-charging when consolidation is merely ancillary to a larger subdivision.

The notice also covers amended plans (item 2). The fee structure mirrors item 1 but with lower base and per-lot amounts. The WAPC may waive some or all of this fee where a minor variation is made at the WAPC's request (note 1 to item 2). Reconsideration requests (item 3) under sections 144(1) or 151(1) of the Act attract a fee of $1,257 for amalgamation-only plans and a tiered fee for other plans: $1,540 plus $33 per lot for up to 100 lots, or $4,840 plus $6 per lot beyond 100. Endorsement of a deposited plan (item 4) similarly scales: $627 for amalgamation-only if not linked to a no‑fee earlier application, otherwise $701 plus $8 per lot for up to 100 lots, or $1,501 plus $5 per lot beyond 100. Applications for approval of a lease or licence (items 5 and 6) carry a flat fee of $662 each. Certificates under the Metropolitan Region Scheme (clause 63), Greater Bunbury Region Scheme (clause 53), and Peel Region Scheme (clause 47) are $4 each. Cartographic services are charged at $89 per hour, and provision of a spatial dataset for which the WAPC is custodian costs $90. The notice also defines how lots are counted: each common property lot counts as one lot, and areas reserved for pedestrian accessway, right-of-way, truncation, road widening, drainage reserve or recreation reserve are not counted (clause 4). That counting rule has direct financial consequences: a subdivision that includes common property will be treated as having one additional lot, increasing the per-lot component of the fee. Conversely, reserves that meet the specified descriptions are excluded, reducing the fee.

The fee schedule directly affects any person or entity that needs to lodge a subdivision application, an amended plan, a reconsideration request, or an endorsement application with the WAPC. This includes property developers, landowners, land surveyors (who often prepare and lodge plans on behalf of clients), community titles scheme developers, and local governments when they are subdividing or amalgamating land for public purposes. The flat $4 certificate fees under the three region schemes affect any person seeking a certificate about zoning or reservations, typically purchasers, conveyancers, and solicitors conducting due diligence before a property transaction. The cartographic service fee ($89 per hour) and the spatial dataset fee ($90 flat) affect government agencies, consultants, researchers, and private firms that request mapping or data from the WAPC. The notice also affects the WAPC itself: it must apply these fees uniformly and cannot charge a different amount for the listed services, unless a specific waiver power applies (see note 1 to item 2). The fee structure imposes a compliance burden on applicants, who must calculate the correct fee based on lot count, account for common property lots, and determine whether an application qualifies as amalgamation-only. The contemporaneous application exception in item 1(a)(i) requires careful planning: if a developer lodges a standalone amalgamation, the fee is $2,700 unless it is lodged alongside another subdivision application. That incentivises bundling. For large subdivisions (101+ lots), the steep drop in marginal per-lot cost (from $83 to $28) encourages bigger projects, which may favour large-scale developers over small subdividers who cannot reach the threshold. The $89 per hour charge for cartographic services creates a cost for any entity needing custom mapping, but is relatively low compared to private-sector rates. The flat $4 certificate fee is minimal and unlikely to be a deterrent to obtaining certificates. The absence of any fee for amalgamation-only applications that are contemporaneous with another subdivision reduces a potential friction cost for developers who need to consolidate title before subdividing. The notice does not impose any fees on the WAPC itself; it is the WAPC that collects the revenue. The fees are not subject to indexation outside the annual amendment notices; each year since 2021 has seen an amendment increasing amounts, so the schedule is effectively re-set each 1 July. This imposes an administrative burden on regular applicants to check the current version.

The notice imposes a single duty: the fee must be paid at the time the application is lodged. Clause 6 provides no discretion for the WAPC to waive, reduce, or defer a fee, except for the specific waiver noted in item 2 (amended plan where the variation is at the WAPC's request). That waiver is expressed as a power of the WAPC ("may waive some or all of the applicable fee"), not an obligation. The right of an applicant is correspondingly limited: an applicant can expect the fee to be the amount in Schedule 1, and if the WAPC purports to charge a different amount, the applicant may challenge that as contrary to the notice. However, the notice itself is subordinate legislation; any dispute about whether a fee has been validly charged would be resolved under the parent Act and general administrative law principles. The notice does not address what happens if an applicant pays the wrong fee (e.g. because of miscalculating the lot count or misclassifying the application type). The Act may provide for the WAPC to reject an application or request additional payment, but the notice is silent on that. The right to a reconsideration under s144(1) or s151(1) of the Act comes with a corresponding obligation to pay the fee in item 3. There is no provision for refund if the reconsideration is successful. The fee for a certificate under a region scheme (items 7-9) is described as being for "issuing a certificate", meaning the fee is payable upon issue, not upon application. The notice does not specify a refund or waiver if the certificate is not issued. The right to obtain cartographic services or a spatial dataset is contingent on payment of the fee; there is no stated right to negotiate a lower rate. The WAPC may charge $89 per hour for cartographic services but is not compelled to provide an estimate of hours. The notice does not impose any duty on the WAPC to perform these services within any timeframe. The counting rule in clause 4 creates both a duty (to count lots correctly) and a right (for the applicant to rely on that rule when calculating the fee). The examples in the schedule are not part of the notice (clause 5), so they do not create rights; they are illustrative only. An applicant who follows an example and underpays cannot rely on the example as a defence.

The notice itself contains no penalty provisions. It does not create an offence, impose a civil penalty, or prescribe any consequences for non-payment or late payment. Enforcement of fee obligations occurs through the operation of the parent Act, the Planning and Development Act 2005. Under that Act, the WAPC has the power to refuse to accept or consider an application until the fee is paid. If an application is lodged without the correct fee, the WAPC may treat it as not duly made, which means the statutory timeframes for decision-making may not start. The WAPC also has the power to require payment of outstanding fees as a condition of approval or to withhold the issuing of a certificate or plan endorsement until payment. Because the notice is a legislative instrument made under section 4 of the Planning and Development Act 2005 (which empowers the Minister to prescribe fees by notice published in the Gazette), any failure to charge the prescribed fee would be a breach of the Act by the WAPC itself, potentially subject to judicial review. For an applicant, the most likely "penalty" is not a fine but the practical consequence of delay or rejection of the application. There is no mechanism in the notice for late payment surcharges, interest, or administrative penalties. If an applicant pays a fee that is later found to be insufficient, the WAPC may request additional payment, but the notice does not authorise the WAPC to impose any penalty beyond the shortfall. The low flat fees for certificates ($4) and the modest hourly rate for cartographic services ($89) mean that enforcement issues are unlikely to arise often for those items. The larger subdivision fees (up to $12,043 plus per-lot components) have more potential for dispute. If an applicant pays a fee under item 1(b)(i) for a subdivision that actually has 101 lots, the WAPC could (and likely would) refuse to process the application until the higher fee under item 1(b)(ii) is paid. The notice does not set out a procedure for disputing the applicable fee. The compilation table and amendment history indicate that annual adjustments occur, so an applicant who uses an outdated fee schedule risks underpayment and the consequential processing delay.

The notice is made under the Planning and Development Act 2005 (WA) and its operation is entirely dependent on that Act. Section 4 of the Act empowers the Minister to publish a notice prescribing fees. The notice does not amend or override any provision of the Act; it simply fills a gap by specifying monetary amounts. The notice also interacts with the Metropolitan Region Scheme, the Greater Bunbury Region Scheme, and the Peel Region Scheme: items 7, 8, and 9 refer to certificates issued under specific clauses of those scheme texts. The fee for such certificates ($4) is set by this notice, not by the schemes themselves. The notice interacts with the Community Titles Act 2018 (WA) insofar as item 1 covers community titles scheme subdivisions and item 4 covers endorsement of community titles scheme plans. The counting rule in clause 4 (common property lots counted as one lot each, certain reserves not counted) aligns with the definitions of common property and reserves in the Strata Titles Act 1985 and the Community Titles Act, though the notice is self-contained for fee calculation purposes. The notice does not interact with the Planning and Development (Local Planning Schemes) Regulations 2015 or any local government fee regime; it is confined to WAPC charges. However, a subdivision application to the WAPC may also trigger local government fees for planning approval, which are separate. The notice does not create any interaction with the Duties Act 2008 (stamp duty) or the Transfer of Land Act 1893; those are separate regulatory regimes. The repeal of the 2018 notice (clause 7) ensures that only the 2021 notice applies from 1 July 2021 onwards. For applications lodged before 1 July 2021 but still pending, the old fee schedule would have applied. The notice is silent on transitional arrangements for pending applications, so the general law of statutory interpretation would treat the fee in force at the time of lodgment as the applicable fee. The annual amendments (2021-2025) demonstrate a pattern of fee increases each 1 July, which means the notice is effectively re-promulgated each year. Each amendment is itself a legislative instrument that amends the principal notice. The 2025 amendment (SL 2025/128) inserted the current schedule, which came into effect on 1 July 2025, but the amendment notice had an earlier commencement for clauses 1 and 2 (30 June 2025, with an apparent typo in the compilation table showing 30 June 2024, likely a drafting error). The notice does not interact with Commonwealth laws, as planning fees are a state matter.

The Planning and Development (Fees) Notice 2021 has been amended five times: by the 2022 amendment notice (SL 2022/105, effective 1 July 2022), the 2023 amendment notice (SL 2023/65, effective 1 July 2023), the 2024 amendment notice (SL 2024/105, effective 1 July 2024), the Planning and Development (Fees) Amendment Notice (No. 2) 2024 (SL 2024/269, which came into operation for clauses 1 and 2 on 11 December 2024 and the rest on 31 March 2025), and the 2025 amendment notice (SL 2025/128, effective 1 July 2025). The compilation table shows that the 2025 notice has an apparent error: the commencement for clauses 1 and 2 is listed as 30 June 2024, but the publication date is 30 June 2025. This is likely a typographical error in the compilation table that does not affect the operative provisions; the better view is that clauses 1 and 2 commenced on 30 June 2025 (the date of publication). The substance of each amendment was to increase the fee amounts in Schedule 1. The No. 2 2024 amendment was notable for being an out-of-cycle adjustment: it took effect on 31 March 2025 rather than the usual 1 July, meaning fees increased mid-financial-year for applications lodged from that date. The 2025 amendment then reset the fees to a higher level from 1 July 2025. The original notice was published at SL 2021/100 on 29 June 2021. The frequency of amendments (annual, and sometimes twice in a year) means that practitioners cannot rely on a static fee schedule; they must check the compilation table and the most recent amendment notice each time an application is prepared. The repeal of the 2018 notice was complete and immediate upon commencement. There have been no amendments that changed the structure of the fees (e.g., adding new items or altering the tiering) from the original 2021 design; only amounts have changed. The notes in the schedule have also been updated to reflect current forms and website URLs, but those notes are not part of the notice (clause 5). The 2025 amendment notice inserted the heading "[Heading inserted: SL 2025/128 cl. 4.]" at the top of Schedule 1, indicating that the schedule as a whole was substituted in 2025. The compilation table is accurate as at the date of the compiled version.

The notice itself does not appear to have been the subject of reported litigation. As a delegated legislative instrument that purely sets fees, it is unlikely to be challenged directly. Any litigation would more likely arise under the parent Act, where a fee charged (or not charged) might be a collateral issue. For example, a judicial review application challenging a WAPC decision to reject a subdivision application for non-payment of fees might turn on whether the fee demanded was the correct amount under the notice. The absence of reported cases suggests that the fee schedule is generally accepted by applicants, or that disputes are resolved internally without litigation. The specific waiver power in item 2 (minor variation at WAPC's request) could give rise to a dispute if the WAPC refuses to waive a fee in circumstances where an applicant believes the variation was at the WAPC's request. The notice does not define "minor variation" or specify how a request is to be made or evidenced. That lack of definition creates potential for disagreement, but no litigation has tested it. The counting rule in clause 4 might also be disputed: for instance, whether a particular reserve qualifies as a "recreation reserve" for the purpose of exclusion from lot count. The Metropolitan Region Scheme and other schemes define reserves, but the notice does not cross-reference those definitions. A dispute over whether a strip of land is a "pedestrian accessway" could affect the fee by one lot. Again, no reported case appears. The $4 certificate fees are so small that any litigation would be disproportionate. The cartographic services charge of $89 per hour might be challenged if the WAPC proposes to charge for a service that is not "in connection with its functions" as stated in item 10, but that would be a rare event. The overall quiet litigation history does not mean the notice is immune from challenge; it may simply reflect that the amounts are low enough to discourage expensive court battles, or that the WAPC applies the fees consistently. The use of the notice’s examples in practice is common, but clause 5 makes clear they are not part of the notice, so an applicant cannot rely on an erroneous example. That point could arise in litigation if the WAPC charges a fee different from that implied by an example, but the notice would prevail.

Several aspects of the notice can trap unwary applicants. First, the counting rule in clause 4 treats each common property lot as one lot. In a survey-strata or community titles scheme, the common property might be depicted as a single lot, but if there are multiple discrete common property areas (e.g., a rooftop garden and a basement carpark), they might each be registered as a separate lot. The fee will increase accordingly. Applicants should check the proposed plan to see if there are multiple common property lots. Second, the exclusion for reserves only applies to areas reserved for a pedestrian accessway, right-of-way, truncation, road widening, drainage reserve or recreation reserve. Other reserves (e.g., public open space, conservation areas) are not excluded and will count as lots if they are separately described. Third, the notes and examples in Schedule 1 are not part of the notice (clause 5). Using the examples to calculate a fee is safe only if the example matches the actual calculation; but if the WAPC interprets the notice differently, the example provides no legal protection. Fourth, the fee for an application for approval of a lease or licence (items 5 and 6) is $662, but note that s136 and s139 of the Act require WAPC approval for certain leases and licences. The notice does not specify a separate fee for variations or renewals of leases or licences; those may fall under the same items if a fresh application is required. Fifth, the fee for an amended plan (item 2) can be waived if the minor variation is made at the WAPC's request, but the notice does not define "minor variation". It also does not require the WAPC to notify the applicant that the fee may be waived. An applicant who makes a change at the WAPC's request should explicitly ask for the waiver in writing; otherwise the WAPC may simply charge the standard fee. Sixth, the fee for a certificate under a region scheme (items 7-9) is $4, but the notice does not specify what the certificate covers. The relevant scheme clauses may allow the WAPC to issue a certificate stating zoning and reservations. The $4 fee likely covers only one certificate per request. Seventh, the cartographic services fee of $89 per hour is for services provided by the WAPC, but the notice does not require the WAPC to provide a time estimate upfront. An applicant could face a large bill for a complex map without prior notice. Eighth, the spatial dataset fee of $90 is a flat charge, but does it cover the entire dataset or per download? The notice is silent. Ninth, the notice does not address electronic lodgment fees; it appears the same fees apply regardless of lodgment method. Tenth, the annual fee increases mean that an applicant who delays lodgment from June to July may face a higher fee. In 2024, a mid-year increase occurred on 31 March 2025 (via the No.2 2024 amendment), which could catch those who assume fees only change on 1 July. Eleventh, the contemporaneous application exception in item 1(a)(i) only applies if the amalgamation-only application is "contemporaneous with another application for approval of subdivision". If the other application is withdrawn or rejected, the fee for the amalgamation may still be due, but the notice does not address that scenario.

Compliance with the notice requires accurate identification of the correct fee item and correct calculation of the fee. Step one: determine the nature of the application or service: is it a subdivision approval, an amended plan, a reconsideration request, an endorsement, a lease/licence approval, a scheme certificate, a cartographic service, or a spatial dataset request? Match it to the relevant item in Schedule 1. Step two: if the item depends on the number of lots (items 1-4), count the lots using clause 4. Include each proposed lot, including each common property lot. Exclude any area that meets the description in clause 4(b): pedestrian accessway, right-of-way, truncation, road widening, drainage reserve, or recreation reserve. Ensure you have the correct plan showing these designations. If the plan uses different terminology (e.g., "public open space"), it likely does not qualify for exclusion unless it is a recreation reserve. Step three: determine whether the application is for amalgamation only or for subdivision with or without amalgamation. If it is a standalone amalgamation (not contemporaneous with another subdivision application), use the $2,700 fee (item 1(a)(ii)). If it is contemporaneous with another subdivision application and a fee is paid for that other application, the amalgamation component may be free. Document the contemporaneous lodgment. Step four: for subdivision into 100 or fewer lots, calculate the fee as base amount plus per-lot amount. For 101 or more lots, use the higher base plus the lower per-lot amount for lots in excess of 100. The examples in the schedule are useful but not binding; recalculate independently. Step five: if you are lodging an amended plan, check whether the variation was made at the WAPC's request. If so, request a waiver in writing before lodging. Step six: for reconsideration requests, use item 3. Note that the fee is the same regardless of whether the reconsideration is under s144(1) (refusal) or s151(1) (condition). Step seven: for endorsement of a deposited plan (item 4), note that if the application for endorsement relates to an amalgamation-only plan for which no fee was paid under item 1(a)(i), there is no fee for endorsement. Otherwise pay $627 or the tiered amount. Step eight: for lease or licence approvals (items 5 and 6), pay the flat $662 for each application. Step nine: for certificates under region schemes, pay $4 each. Step ten: for cartographic services, the fee is $89 per hour. Request an estimate of hours before work begins. For a spatial dataset, pay $90. Payment: ensure the fee is paid at the time of lodgment. Cheques should be payable to the Western Australian Planning Commission. Use the correct forms (listed in notes: Form 1A, 1C, 2A, 3A, 1B as applicable) available from the Department's website. Record-keeping: retain a copy of the fee calculation and proof of payment. Monitor the Gazette for annual amendment notices, especially mid-year changes. Check the compilation table on the WA legislation website to ensure you are using the most current version. If in doubt about the applicable fee, seek a written confirmation from the WAPC before lodging.