Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019

The regulations operate around a small set of recurring legal and administrative concepts. Understanding these is essential to applying the regulations in practice.

• Prescribed fee. Defined as a fee prescribed for the purposes of the Act, these regulations or a related set of regulations (reg 3). The reg does not itself set dollar amounts; those are made by separate instruments (schedules in earlier versions and related regulations). The term "fee" explicitly includes charges and contributions (reg 3).
• Authority. Any person or body performing functions under the Act or a related set of regulations (reg 3). This is deliberately broad and covers assessment managers, assessment panels, councils, the Commission, the Chief Executive and other designated entities where they exercise powers under the Act.
• Designated entity. A mapping mechanism linking assessment managers and panels to a receiving entity for fees. For panels acting as a relevant authority (s 82(c)-(e) of the Act), the designated entity may be the council for the area, the council in cases of panels appointed by a council, or an entity designated by the Chief Executive for Minister‑appointed panels; the Commission is also listed as a designated entity in paragraph (ab) (reg 3). For assessment managers the definition operates analogously (reg 3). These rules determine who is treated as receiving fees paid to panels or managers (regs 3A-3B).
• Accredited professional. The regulations treat accredited professionals as relevant authorities for certain fee rules (reg 13). Fees relating to development assessment and building activity/use are not payable if the relevant authority is an accredited professional (subject to exceptions in reg 13). Accredited professionals have an optional role to collect specified fees from applicants and are required to forward those fees to the Chief Executive within five business days (reg 13(2)).
• Base amount, compliance fee and staged development. The "base amount" is the prescribed lodgement fee (reg 9). For staged development, the base amount is payable only for the first of the staged applications, with exceptions where subsequent applications are treated as new (reg 9). Accredited professionals may collect a "compliance fee" when building consent is sought, but only if they elect to collect it (reg 13(2)(a)(ii)).
• Reassessment and calculation. Authorities may seek information necessary to calculate fees, make determinations for fee notices, calculate fees on estimates where applicant information appears incomplete or inaccurate, and reassess fees at any time (reg 5(1)-(4)). Reassessment can result in refunds for overpayments or further payments for underpayments (reg 5(4)).
• Suspension of time. If a prescribed fee is not paid in accordance with the Act, these regulations, a related regulation or a fee notice, the period between a request for payment and actual payment is excluded from any statutory or regulatory time limit (reg 6). This makes payment a condition precedent to progression of time‑based processes set out in the related regulations.
• Waiver/refund discretion. Authorities may waive all or part of a fee or refund the whole or part (reg 7). That delegation is unconstrained in text by criteria; it is a discretionary power for the authority to exercise as it considers appropriate.
• Distribution scheme. The Chief Executive must establish a scheme for distributing prescribed development assessment fees between the Chief Executive and designated entities (reg 18). The scheme covers even waived fees for distribution purposes (reg 18(2)). Payment routing is further specified with a distinction between fees received via the SA planning portal and fees received by other means (reg 19).

Other cross‑cutting concepts arise by reference: excluded Crown development under s131 of the Act (reg 12), open space contribution rules linked to s198 of the Act (reg 16), and multi‑unit building contribution timing linked to s199 (reg 17). The regulations therefore function as an administrative interface between the Act’s substantive fee/contribution provisions and operational practice on lodgement, collection, reassessment and distribution.

The regulations delineate a set of actors who have rights, duties or exposure to fees. Practically, they affect:

• Applicants (developers, owners, authorised agents). Applicants must provide information reasonably required for fee calculation when an application is lodged via a related set of regulations or the SA planning portal (reg 5(1)(a)). Applicants are liable to pay prescribed fees, to face reassessment and further amounts where underpayments are found (reg 5(3)-(4)), and to have statutory time periods suspended where fees remain unpaid (reg 6). Applicants to accredited professionals are still liable to pay certain fees to the accredited professional at lodgement (reg 13(2)).
• Assessment managers and assessment panels. Fees paid to assessment managers or panels are treated as paid to a designated entity (regs 3A-3B). Panels and managers must interact with the Chief Executive’s distribution scheme. They may exercise discretion to waive or refund fees in cases where a prescribed fee is payable to them (reg 7).
• Councils. Councils appear frequently as designated entities (reg 3) and as recipients of distributed fees (reg 18). They are also carved out from paying development assessment fees for works they undertake, unless the primary reason for the proposed development is to raise revenue for the council (reg 11).
• Accredited professionals. Where an accredited professional is the relevant authority (other than as an assessment manager), the standard development assessment and building activity fees are generally not payable to the state, but the accredited professional may collect the base lodgement fee and, if elected, a compliance fee for building consent and must forward collected fees to the Chief Executive within five business days (reg 13(1)-(3)). The accredited professional and the applicant determine any other fee payable to the professional by agreement (reg 13(3)).
• The Chief Executive and the Commission. The Chief Executive receives multiple operational powers: designating entities in certain cases (reg 3), receiving and distributing fees under a scheme established by the Chief Executive (reg 18), and receiving forwarded fees from accredited professionals (reg 13(2)). The Commission is included explicitly as a designated entity in reg 3(ab).
• Designated entities more broadly. The regulations’ definition of designated entity identifies who ultimately receives fees paid to panels or managers and thus who participates in the distribution regime (reg 3, regs 3A-3B, reg 18).
• Users of the SA planning portal and payment processors. Reg 5(1) contemplates lodgement via the SA planning portal; reg 19 distinguishes payment routing where a prescribed fee is received via the SA planning portal (reg 19(a)) from other payment methods (reg 19(b)) and prescribes timing for transfers outside the portal.
• Owners, residents and purchasers in strata or community title schemes. Reg 16(2) implements a narrow rule tied to s198 of the Act: where a Part 7 application relates to an existing building unit scheme, open space contribution is payable only where the plan divides the land into more units than existed on 22 February 1968, and then only for the additional units. This affects calculations and liabilities for contributions on unit subdivision or redivision.
• Holders of HomeBuilder development approvals. Reg 13(4) explicitly preserves the requirement to pay the prescribed fee relating to an application for final development approval in respect of HomeBuilder development.

Who ultimately bears the economic cost: applicants and developers who must pay prescribed fees, contribute open space amounts, and bear compliance costs of providing information and meeting reassessment exposures. Councils and designated entities are recipients under the distribution regime; they may also be exempt from fees when they undertake development not primarily revenue‑raising (reg 11). The Chief Executive and the Commission are recipients and administrators under the distribution scheme and gatekeepers for designation in some cases (reg 3, reg 18).

The regulations impose a set of specific duties and confer rights relevant to fee assessment, payment and distribution.

Duties on applicants and persons lodging applications

• Provide information reasonably required to calculate a prescribed fee when an application is duly lodged under a related set of regulations, including via the SA planning portal (reg 5(1)(a)).
• Where applying to an accredited professional, pay the prescribed base lodgement fee (and the compliance fee if building consent is sought and the accredited professional elected to collect it) at the time of lodgement (reg 13(2)(a)(i)-(ii)). Note that the accredited professional may also negotiate separate fees with the applicant for the professional’s services (reg 13(3)).
• Ensure timely payment of prescribed fees to avoid suspension of statutory time limits (reg 6).

Duties on authorities, assessment managers and accredited professionals

• Authorities may request and rely on applicant information for fee calculation, make fee determinations, calculate fees on estimates if information appears incomplete or inaccurate, and reassess fees at any time (reg 5(1)-(3)). This creates a duty to exercise those functions fairly and an operational expectation that fee figures are subject to administrative revision.
• Accredited professionals who elect to collect the compliance fee must forward fees collected to the Chief Executive within five business days and must comply with any requirements determined by the Chief Executive (reg 13(2)(b)).
• Entities responsible for receiving fees through the SA planning portal must ensure the routing of funds to the entity entitled under the distribution scheme (reg 19(a)).

Rights and discretions vested in authorities

• Authorities have express discretion to waive all or part of a prescribed fee, or to refund fees, "as it considers appropriate" (reg 7). There is no statutory constraint in the regulations indicating required criteria for the exercise of this discretion.
• Authorities may reassess fees at any time; on reassessment, they must refund overpayments and require further payments in case of underpayments (reg 5(4)).
• Authorities may make determinations for the purposes of the regulations even if they are not otherwise a relevant authority, and may require information to calculate fees (reg 5(1)(b)). This potentially broadens the set of bodies that can make fee assessments and notices.

Distribution and payment obligations

• The Chief Executive must establish a distribution scheme to allocate prescribed development assessment fees between the Chief Executive and designated entities (reg 18(1)). The scheme applies even to fees that have been waived (reg 18(2)).
• Payment routing: where a fee is received via the SA planning portal, it must be paid to the entity entitled under the Chief Executive’s distribution scheme (reg 19(a)); in other cases the prescribed fee must be paid to the entity entitled within 10 business days after the end of the quarter in which the amount is received by the designated entity (reg 19(b)).

Application‑specific duties and rules

• For variations to development authorisations, an application is generally subject to prescribed fees as if it were a new application, but only to the extent the fee imposed reflects the steps to be undertaken on account of the variation (reg 8(1)). Minor variations under regulation 65(1) of the General Regulations must be accompanied by the prescribed fee (reg 8(2)).
• Staged development: the base lodgement fee is payable in relation to the first application in a staged series (reg 9(1)); it may become payable again where an application is to be treated as a new application under reg 8(1) and s128(2)(b) of the Act (reg 9(2)).
• Councils: prescribed development assessment fees are not payable in respect of development undertaken by a council unless the primary reason for the proposed development is to raise revenue for the council (reg 11).
• Excluded Crown development: prescribed fees are not payable for development excluded from s131 of the Act by regulation under s131(4) (reg 12).
• Open space and multi‑unit contribution timing: contributions are calculated using the rates in force when the relevant Part 7 application was made (regs 16(1), 17). For existing building unit schemes pre‑22 February 1968, contributions are only payable for additional units (reg 16(2)-(3)).

Rights of appeal or review are not set out in these regulations; remedies and enforcement mechanisms for non‑payment or disputes will need to be sought from the Act and other related instruments. The regulations provide the operational scaffolding for fee calculation, collection, reassessment, waiver and distribution, vesting significant administrative discretion in authorities and the Chief Executive while attaching explicit duties to applicants and accredited professionals.

The regulations themselves do not create a catalogue of criminal or civil penalties; instead they set administrative consequences, procedural mechanisms and allocation rules that fit into the enforcement architecture of the Act and the related regulations.

What the regulations do provide

• Suspension of statutory time limits for non‑payment. If a prescribed fee is not paid in accordance with the Act, these regulations, a related regulation or a fee notice, any period between the date of a request for payment and the date of actual payment is excluded from any time limit or period prescribed by a related set of regulations (reg 6). That has an enforcement effect: applicants who do not pay cannot rely on statutory clocks for late decision remedies, and authorities may assert that processes are stalled pending payment.
• Reassessment can trigger additional liabilities. Under reg 5(3) an authority may reassess a prescribed fee at any time; reg 5(4)(b) provides that if reassessment shows an underpayment a further amount becomes payable. That creates an administrative enforcement mechanism to recover underpaid fees.
• Operational payment routing and timing. Reg 19 prescribes where payments received via the SA planning portal must be directed and sets a 10 business day timing requirement for distributions in other payment cases. Non‑compliance with these routing/timing obligations could be actionable under the Act’s broader administrative and financial controls.
• Waiver/refund as discretionary mitigation. Reg 7 allows authorities to waive or refund fees; that discretion mitigates strict enforcement in specified cases but is not constrained by standards in the regulations.

What the regulations do not do

• They do not specify monetary penalties, fines or criminal offences for failing to pay a prescribed fee, nor do they specify enforcement procedures such as distraint, lien, or registration mechanisms for unpaid fees. Any such enforcement mechanisms must be found in the Act or other legislation; the regulations are silent on specific sanctions.
• They do not set a statutory appeals process for fee calculation disputes. The regulations empower reassessment and provide that authorities may calculate on estimates (reg 5(2)), but any judicial review, merits review or appeal routes are governed by the Act and other statutes.

Practical enforcement mechanisms likely to be relevant in practice

• Administrative holds through time suspension. The primary immediate enforcement lever in the regulations is the exclusion of unpaid periods from statutory timeframes (reg 6). Authorities can therefore slow or halt progression of assessment processes pending payment.
• Reassessment demands. Authorities can reassess and demand further payment where underpayment is discovered (reg 5(4)(b)). Collection of such amounts is left to administrative practice and any powers in the Act.
• Contractual and commercial remedies. Where an accredited professional or designated entity collects fees, forwarding obligations (reg 13(2)(b)) and distribution scheme obligations (reg 18, reg 19) create compliance duties which may be enforced through administrative directions by the Chief Executive or by contractual/regulatory compliance mechanisms.

Compliance risk allocation

• The regulations place collection, forwarding and distribution duties on accredited professionals, designated entities, and those operating the SA planning portal (regs 13, 18, 19). The Chief Executive’s role in setting the distribution scheme is central; compliance enforcement (e.g. corrective directions) would therefore be exercised through the Chief Executive’s administrative apparatus under the Act.

Because the regulations do not create explicit penalties, practitioners must look to the Act for the statutory enforcement tools applicable to non‑payment, breach of fee notices, or failure to comply with distribution and forwarding requirements.

The regulations are explicitly designed to operate in conjunction with the Act and two named related sets of regulations. The principal interactions are administrative cross‑referencing and operational implementation.

Primary cross‑references and related instruments

• The regulations define "related set of regulations" to mean the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019 and the Planning, Development and Infrastructure (General) Regulations 2017 (reg 3). That means those two instruments supply substantive rules, thresholds and processes that the fee rules reference, for example, the minor variation rule in regulation 65(1) of the General Regulations which is invoked by reg 8(2).
• The regulations repeatedly cross‑link to sections of the Act: regulation 8 references s128 of the Act; regs 16 and 17 reference s198 and s199 of the Act respectively; reg 12 references s131 of the Act. These cross‑references mean that the timing and applicability of contributions, exclusions for Crown development, and treatment of variations depend on the interplay between the regulations and the Act’s substantive scheme.

Interaction with accredited professional regime

• Reg 13 sits at the intersection of fee rules and the Accredited Professionals Regulations. It exempts accredited professionals from prescribed fees in many circumstances, but imposes collection and forwarding duties where the accredited professional chooses to collect certain fees. The effect is to let accredited professionals handle fee collection at lodgement for certain prescribed fees but also to require them to remit those funds to the Chief Executive promptly (reg 13(2)(b)). The Accredited Professionals Regulations will set who qualifies as an accredited professional and what powers they have , the fee rules leverage that institutional design.

Interaction with property law instruments

• Reg 16(2) and (3) reference the Community Titles Act 1996 and the Strata Titles Act 1988 and implement special rules on open space contributions where an application relates to an existing building unit scheme. These rules create a historical threshold (units in existence on 22 February 1968) for contribution liability in certain redivision cases. Practitioners dealing with strata and community title applications must therefore reconcile these fee rules with the operation of the Community Titles Act and Strata Titles Act.

Interaction with administrative and financial law

• The Chief Executive’s power to establish a distribution scheme (reg 18) and to determine requirements for forwarding fees collected by accredited professionals (reg 13(2)(b)) creates obligations that will be implemented under the administrative powers and financial controls of the relevant public sector framework. The regulations do not include the distribution algorithm or ledger rules; those are delegated to a scheme that will have its own internal rules and compliance mechanisms consistent with public finance law and the Act.

Interaction with payment platforms

• Reg 5(1) contemplates lodgement via the SA planning portal, and reg 19 allocates payment routing and timing depending on whether the fee was received via the portal or by other means. That creates an operational interaction between the regulations and any statutory or contractual arrangements underpinning the SA planning portal, including reconciliation, audit and payment clearing procedures.

Missing elements and where to look

• The regulations do not set fee quantum; practitioners must look to fee schedules (where current) in the related regulations or instruments, to the Act for enforcement powers and administrative remedies, to the Accredited Professionals Regulations for who can be an accredited professional, and to the General Regulations for procedural definitions such as minor variation (reg 8(2)). The legislative history indicates prior deletion of schedules (Sch 1 deleted) and repeated amendment to definitions, so current fee quantum and schedule locations should be checked against the most recent version of the Act and subordinate instruments (Legislative history).

In short, the regulations operate as an administrative bridge between the Act, the Accredited Professionals Regulations, the General Regulations and other statutory instruments such as strata/community title laws, while delegating distribution mechanics and some operational details to the Chief Executive.

The regulations include an explicit legislative history table setting principal instruments, variations and commencement dates. The history shows active amendment between 2019 and 2025. Key points from the Legislative history and the "Provisions varied" material in the instrument are:

• Principal instrument made in 2019 (No 12), Gazette 7.2.2019 p441, commenced 1 April 2019 (r 2).
• Subsequent variations and instruments include Nos 173/2019 (Gazette 27.6.2019), 235/2020 (revoked), 251/2020, 252/2020 (Gazette 30.7.2020), 24/2021, 29/2021, 68/2021, and 56/2025 (Gazette 10.7.2025), each with specified commencement dates (see Legislative history).
• Multiple definitions and provisions were inserted or varied over time. For example, the term "designated entity" was inserted by 173/2019 r 4(2) (commencing 1.7.2019) and further varied by 252/2020 r 4(1), (2) (31.7.2020) and by 68/2021 r 4(1), reflecting iterative adjustment to the mapping of panels and managers to receiving entities.
• Part 2 of earlier versions was deleted by 68/2021 r 7 (1.7.2021). Schedule 1 was substituted in 2019 and later deleted by 68/2021 r 20 (1.7.2021). Schedule 2 was inserted by 173/2019 and deleted by 252/2020 r 12 (31.7.2020). These changes indicate that the earlier drafts of the regulations included fee schedules within the instrument that were subsequently removed, probably to be maintained separately.
• Regulation 13 (development to be assessed by accredited professional) has been subject to several amendments: substituted by 252/2020 r 9 (31.7.2020); then varied by 24/2021 r 5 (19.3.2021) and by 68/2021 r 14; and further amended by 56/2025 r 3(1), (2) (10.7.2025), which added reg 13(3a) at that time. These iterative amendments reflect policy changes around accredited professionals’ role in fee collection and the mechanics for compliance fees.
• Regulation 18 (distribution of fees) was substituted by 252/2020 r 10 (31.7.2020) and then varied by 68/2021 r 18(1), (2) (1.7.2021), illustrating changes in distribution mechanics and possibly centralisation of distribution authority under the Chief Executive.
• Payment requirements in reg 19 were inserted by 252/2020 r 10 (31.7.2020) and later varied by 68/2021 r 19(1)-(6) (1.7.2021), reflecting evolving payment routing rules, including the differentiation of SA planning portal receipts from other receipts.

Practical implications of the amendment record

• The deletion of fee schedules from within the regulations suggests fee quantum is now maintained separately, and practitioners must look beyond this instrument to identify current fees.
• Changes to reg 13 and to the definition of designated entity over time indicate that the relationship between accredited professionals, assessment panels/managers and fee recipients has been actively managed and adjusted.
• The repeated delegations to the Chief Executive for establishing schemes and designations (reg 3, reg 18) have been stable features following amendment, showing a policy shift toward administrative centralisation of distribution.

The legislative history notes that earlier versions (1.7.2019, 31.7.2020, 19.3.2021, 1.7.2021) are available as historical versions. Practitioners should consult the latest consolidated version and the Chief Executive’s distribution scheme as established under reg 18 to determine current operational rules. The history table itself is part of the instrument and should be relied upon for tracking the timing of specific amendments.

The regulations as provided do not name any court decisions, and the legislative instrument does not include a litigation history. There are no cases referenced in the text of the regulations. This absence in the instrument requires practitioners to treat litigation history as external: disputes that might arise under these regulations would be litigated under the Act or in administrative tribunals, and any case law will need to be searched separately in legal databases or court registries.

Possible litigation themes implied by the text

• Fee calculation based on estimates and reassessments. Reg 5(2) permits authorities to calculate a prescribed fee on the basis of estimates where applicant information appears incomplete or inaccurate. Reg 5(3) permits reassessment at any time. These provisions create a natural locus for disputes about whether an authority acted reasonably in estimating or reassessing a fee, whether the applicant provided sufficient information, and whether an underpayment demand or refund calculation was lawful.
• Suspension of time limits. Reg 6 excludes periods between a request for payment and actual payment from statutory timeframes. Litigation could arise where applicants assert that an authority incorrectly excluded time and thereby caused prejudice, or where an authority asserts that non‑payment suspended a statutory timeline. Challenges may focus on whether the unpaid period was properly excluded and whether procedural fairness was observed in the fee request process.
• Waiver/refund discretion. Reg 7 gives wide discretion to waive or refund fees "as it considers appropriate". Reviewable exercise of that discretion could be subject to judicial review where the discretion is exercised in an unlawful, irrational, or procedurally unfair manner.
• Accredited professionals’ obligations. Reg 13(2)(b) requires accredited professionals to forward fees to the Chief Executive within five business days "in accordance with any requirements determined by the Chief Executive". Litigation could arise from disputes over whether accredited professionals complied with forwarding requirements, or from claimants seeking recovery of fees misdirected or retained.
• Distribution scheme disputes. Reg 18 delegates distribution detail to a scheme established by the Chief Executive. Litigation could occur over interpretation or application of that scheme, particularly because the distribution applies to waived fees as well (reg 18(2)). Parties may dispute entitlements under the scheme, timing of transfers under reg 19, or reconciliation of portal payments.

What this instrument’s silence implies for litigation research

• Because the regulations delegate many operational details (fee quantum, distribution algorithm, accredited professional requirements beyond collection and forwarding, the content of the Chief Executive’s scheme) to external instruments or administrative determinations, any litigation is likely to involve a factually detailed examination of those external instruments and administrative records.
• Practitioners should therefore search for decisions under the Act, and tribunal or judicial review rulings that interpret reg 5 (reassessment and estimates), reg 6 (suspension of time), reg 7 (waiver/refund), reg 13 (accredited professional obligations), reg 18 (distribution scheme) and reg 19 (payment routing and timing). The regulations themselves do not provide case citations.

In the absence of named cases in the instrument, careful factual and statutory analysis supported by procedural histories in decisions under the Act will be necessary to advise on litigation risk and precedents.

The regulations contain several traps for the unwary. The following are concrete mechanics and their likely practical consequences.

Time suspension is consequential (reg 6)

• If a prescribed fee is not paid, any period from request for payment until actual payment is excluded from statutory time limits in the related regulations. Practitioners often think in terms of fixed decision clocks; here a fee non‑payment can stop the clock. That can produce commercial risk for applicants (delays in obtaining approvals) and strategic timing leverage for authorities.

Authorities can calculate on estimates and reassess at any time (reg 5(2)-(4))

• Authorities may calculate a fee on the basis of estimates where applicant information appears incomplete or inaccurate. Those estimates can later be reassessed and can result in significant further amounts becoming payable (reg 5(4)(b)). Applicants who provide incomplete or optimistic information risk exposure to retrospective adjustment and cash calls. Keep documentary proof of information supplied at lodgement and seek confirmations of acceptance by the authority.

Accredited professionals: limited exemptions but affirmative collection duties (reg 13)

• Although regs exempt accredited professionals from paying many prescribed fees, where an application is made to an accredited professional the base lodgement fee (and an optional compliance fee) is payable to the accredited professional at lodgement (reg 13(2)(a)). The accredited professional must forward collected fees to the Chief Executive within five business days "in accordance with any requirements determined by the Chief Executive" (reg 13(2)(b)). Two consequences follow: applicants should check if the accredited professional elected to collect the compliance fee (reg 13(2)(a)(ii) and reg 13(3a)); accredited professionals must have procedures for rapid remittance. Failure to forward can create exposure to administrative claim or reconciliation issues.

Staged development fee timing is subtle (reg 9)

• The base lodgement fee is only payable in relation to the first application in a staged series (reg 9(1)). However, the fee becomes payable again if a subsequent application is treated as a new application under reg 8(1) (and s128(2)(b) of the Act) (reg 9(2)). Practitioners should plan staged lodgements carefully and consider whether later stages will be treated as new applications , which can trigger a second base fee.

Councils’ exemption conditioned on primary purpose (reg 11)

• Councils do not pay prescribed development assessment fees when development is undertaken by a council unless the primary reason for the proposed development is to raise revenue for the council (reg 11). The test is the primary reason; where a council engages in development and the revenue motive is primary, fees apply. The burden of demonstrating purpose can be contested. The provision applies only to development assessment fees, not other charges or contributions.

Waiver power is unconstrained in text (reg 7)

• Reg 7 allows an authority to waive or refund fees "as it considers appropriate". The absence of statutory criteria in the regulations means there is latitude in decision‑making, but also uncertainty about the circumstances in which waivers will be granted. Applicants should not assume waiver availability; seek written directions or policies from the authority.

Distribution scheme centralised under the Chief Executive (reg 18)

• The Chief Executive establishes the distribution scheme that governs how fees are allocated between the Chief Executive and designated entities (reg 18(1)). The scheme governs even fees that were waived (reg 18(2)). Designated entities should not assume direct retention of fees paid to an assessment manager or panel because distribution is subject to the Chief Executive’s scheme.

Payment routing differs by portal use (reg 19)

• Fees received via the SA planning portal must be paid to the entity entitled under the distribution scheme immediately to that scheme’s arrangements (reg 19(a)); in other cases, the fee must be paid to the entity entitled within 10 business days after the end of the quarter in which the amount was received by the designated entity (reg 19(b)). That creates different timelines and cash‑flow profiles depending on how the fee is paid.

Historical schedules removed from these regulations

• The legislative history shows that Schedule 1 and Schedule 2 content was inserted and later deleted; fee quantum and some implementation mechanics may therefore be set in separate instruments now. Always confirm current fee amounts in the latest fee schedules or instruments rather than relying on older consolidated copies of these regulations.

Open space contributions: historic date trap (reg 16)

• For Part 7 division applications affecting existing building unit schemes, contributions are payable only if the plan divides land into more units than existed on 22 February 1968, and only for the additional units (reg 16(2)-(3)). The 1968 date is a historical cutoff; when working with older schemes, practitioners must check historical records to determine contribution liability.

No express penalties in the regulations

• Because the regulations do not set express penalties for non‑payment, enforcement and remedies must be drawn from the Act or other instruments. Do not assume an immediate statutory fine is available under these regulations alone.

Collect and retain records of fee-related communications

• Given the ability of authorities to reassess, compute on estimates, and suspend timeframes, applicants should retain lodgement records, fee notices, and any information supplied to authorities. Reassessment disputes will turn on the record.

In all of the above, precise application will often depend on provisions of the Act and related regulations (General and Accredited Professionals). Practitioners should confirm current fee schedules, the Chief Executive’s distribution scheme, and any guidance issued by the Department or the Chief Executive that interprets forwarding requirements and portal mechanics.

Complying with these regulations requires attention to procedural steps, documentation, payment routing, and monitoring of reassessments and timeframes. Below is a practical checklist, mapped to the regulations.

1. Identify the correct prescribed fee and related instruments

• The regulations do not uniformly set fee amounts. Locate the current prescribed fees in the Act's fee instruments, the related regulations, or the Chief Executive’s determinations. Confirm whether the lodgement is subject to the base lodgement fee, a compliance fee, or contributions (reg 3, reg 13).

2. Provide complete and accurate information at lodgement

• Authorities may require the applicant to provide information reasonably required to calculate a prescribed fee (reg 5(1)(a)). Provide full, contemporaneous documentation to avoid estimation by the authority (reg 5(2)) and to reduce reassessment risk (reg 5(3)-(4)).

3. For accredited professional lodgements, confirm collection election and payment obligations

• If lodging with an accredited professional, confirm whether the accredited professional has elected to collect the compliance fee when building consent is sought (reg 13(2)(a)(ii) and reg 13(3a)). If the accredited professional collects fees, ensure they issue a receipt and regularly remit to the Chief Executive within five business days as required (reg 13(2)(b)).

4. Pay promptly and monitor suspension consequences

• Pay prescribed fees in accordance with the Act, these regulations, any related regulation or a fee notice to avoid suspension of statutory time periods (reg 6). If non‑payment occurs, be aware the period between request and payment is excluded from time calculations, which can delay progression of the application.

5. Plan staged developments with fee consequences in mind

• If proposing staged development, be mindful that the base lodgement fee applies to the first application only (reg 9(1)), but may be payable again if subsequent stages are treated as new applications under reg 8(1), taking account of s128(2)(b) of the Act (reg 9(2), reg 8(1)). Seek pre‑lodgement advice on how later stages will be treated.

6. For variation applications, scope the fee exposure

• Variation applications are treated as new applications for fee purposes to the extent that the fee imposed reflects the steps the authority must take on account of the application (reg 8(1)). Where the variation is minor, check the General Regulations’ reg 65(1) threshold first; minor variations must nonetheless be accompanied by the prescribed fee (reg 8(2)).

7. Check council status and primary purpose for council projects

• If a council is the applicant or developer, determine whether the primary reason for proposed development is revenue‑raising. If so, development assessment fees apply; otherwise they do not (reg 11).

8. Anticipate reassessment and maintain records

• Because authorities may reassess fees at any time (reg 5(3)-(4)), retain records of all disclosures made at lodgement, communications with the authority, and receipts. Prepare for possible requests for further payment and for refunds in the event of overpayment.

9. Understand distribution and payment routing

• Identify which designated entity corresponds to the assessment panel or manager involved in the application (reg 3, regs 3A-3B). Payments via the SA planning portal will be routed according to the Chief Executive’s distribution scheme (reg 19(a)); other payments must reach the entitled entity within 10 business days after the end of the quarter in which the designated entity received the amount (reg 19(b)). Reconcile portal receipts with the distribution scheme.

10. Use waiver and refund avenues cautiously and proactively

• If fee waiver or refund is sought, submit a reasoned application to the authority. Reg 7 permits waiver or refund as the authority considers appropriate but does not prescribe tests or mandatory criteria; anticipate discretion may be exercised variably.

11. For community titles and strata matters, check historic unit counts

• For division applications under the Community Titles Act 1996 or the Strata Titles Act 1988 affecting existing building unit schemes, verify the number of units in existence on 22 February 1968, because contributions under s198 of the Act are only payable in respect of additional units created after that date (reg 16(2)-(3)).

12. Coordinate with finance teams and the accredited professional

• Accredited professionals who collect fees must forward them to the Chief Executive within five business days; ensure accounting and cash‑flow practices accommodate that requirement (reg 13(2)(b)). If you are an accredited professional, put written procedures and audit trails in place to avoid mis‑forwarding and to comply with any Chief Executive requirements.

13. Monitor changes and the Chief Executive’s distribution scheme

• The distribution scheme (reg 18) controls how fees are allocated. Monitor published schemes and any departmental guidance on how waived fees are accounted for and how portal receipts are reconciled.

14. Seek pre‑lodgement advice where uncertainty exists

• When in doubt about whether a fee applies (e.g., whether a council’s project is revenue‑raising, whether a variation is minor, whether a staged application will be treated as new), obtain pre‑lodgement advice from the relevant authority or the Chief Executive’s office and request written confirmation where possible.

15. Preserve remedies and consider review routes under the Act

• The regulations do not specify dispute resolution or appeal processes for fee assessments or waivers. If disputing a fee calculation, reassessment or decision to suspend timeframes, identify the review and judicial routes provided by the Act or other statutory provisions at the earliest possible stage.

Following these steps will manage the operational compliance obligations that the regulations place on applicants, accredited professionals, authorities and designated entities, reduce exposure to retrospective fee calls and administrative delays, and ensure correct routing under the Chief Executive’s distribution scheme.