6 Fee for application to certify plan and for statement of compliance 2
7 Fee for alteration of plan 2
8 Fee for application to amend certified plan 2
9 Fee for checking engineering plan 2
10 Fee for engineering plan prepared by Council 3
11 Fee for supervision of works 3
12 Power to waive or rebate the payment of a fee 3
13 Reasons for waiver or rebate of fee to be recorded 4
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Endnotes 5
1 General information 5
2 Table of Amendments 7
3 Amendments Not in Operation 8
4 Explanatory details 9
Version No.001
Subdivision (Fees) Regulations 2016
S.R. No. 121/2016
Version as at
13 October 2016
1 Objectives
The objectives of these Regulations are—
(a) to prescribe fees payable to Councils and referral authorities under the Subdivision Act 1988; and
(b) to empower Councils and referral authorities to waive or rebate the payment of fees payable under the Subdivision Act 1988 in specified circumstances.
2 Authorising provision
These Regulations are made under section 43 of the Subdivision Act 1988.
3 Commencement
These Regulations come into operation on 13 October 2016.
4 Revocation
The Subdivision (Fees) Interim Regulations 2015[1] are revoked.
5 Definition
In these Regulations the Act means the Subdivision Act 1988.
6 Fee for application to certify plan and for statement of compliance
(1) A person who applies under section 5(3)(c) of the Act to a Council for certification of a plan must pay a fee of 11·8 fee units to the Council for that certification and for the issue of a statement of compliance for the plan.
(2) A fee payable under subregulation (1) must be paid by the applicant at the time at which the application is made.
7 Fee for alteration of plan
(1) An applicant who has requested a Council to alter a plan under section 10(2) of the Act must pay a fee of 7·5 fee units to the Council for the Council to agree to the alteration.
(2) A fee payable under subregulation (1) must be paid by the applicant at the time at which the application is made.
8 Fee for application to amend certified plan
(1) A person who applies under section 11(1) of the Act to a Council for an amendment of a certified plan must pay a fee of 9·5 fee units to the Council for the amendment to be made.
(2) A fee payable under subregulation (1) must be paid by the applicant at the time at which the application is made.
9 Fee for checking engineering plan
(1) If a Council or a referral authority requires an applicant to submit an engineering plan under section 15 of the Act, the applicant must pay the fee fixed by the Council or referral authority (as the case requires) for checking the plan, which must not exceed 0·75 per cent of the estimated cost of constructing the works proposed on the plan.
(2) A fee payable under subregulation (1) must be paid by the applicant when the engineering plan is submitted.
10 Fee for engineering plan prepared by Council
If a Council prepares an engineering plan for approval under section 15 of the Act, the maximum fee that the Council may charge the applicant for the preparation of the plan is 3·5 per cent of the estimated cost of constructing the works proposed on the plan.
11 Fee for supervision of works
If a Council or referral authority appoints a person to supervise construction of works under section 17(2)(a) of the Act, the maximum fee that the Council or referral authority (as the case may be) may charge the applicant for the supervision is 2·5 per cent of the estimated cost of constructing the works.
12 Power to waive or rebate the payment of a fee
A Council or referral authority may waive or rebate the payment of all or part of any fee payable under the Act—
(a) in respect of an application that is withdrawn, if a new application is submitted in its place; or
(b) if in the opinion of the Council or referral authority (as the case may be) the payment of the fee is not warranted because—
(i) of the minor nature of the consideration of the matter decided or to be decided; or
(ii) the requested service imposes on the Council or referral authority (as the case may be) no appreciable burden or a lesser burden than usual for that type of service; or
(c) if the fee relates to land used exclusively for charitable purposes.
13 Reasons for waiver or rebate of fee to be recorded
If a Council or referral authority waives or rebates the payment of a fee in accordance with regulation 12, the Council or referral authority (as the case requires) must cause the matters taken into account and which formed the basis of the decision to waive or rebate the fee to be recorded in writing.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Subdivision (Fees) Regulations 2016, S.R. No. 121/2016 were made on 27 September 2016 by the Governor in Council under section 43 of the Subdivision Act 1988, No. 53/1988 and came into operation on 13 October 2016: regulation 3.
The Subdivision (Fees) Regulations 2016 will sunset 10 years after the day of making on 27 September 2026 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Subdivision (Fees) Regulations 2016 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
Reg. 4: S.R. No. 117/2015.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2016 is $13.94. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑