Incoming changes to fees under the new planning regime

The State Government is in the process of standardising the mechanism by which statutory fees are set through the implementation of the Legislation (Fees) Act 2019 (SA). As a result, the way by which fee amounts are set under the Planning, Development and Infrastructure Act 2016 (Act) and associated regulations are about to change.

From 1 July 2021, fee amounts under the Act will no longer be contained in the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019 (Fee Regulations). Instead, the relevant prescribed fees will be set by a fee notice published in the Government Gazette, commencing with the Planning, Development and Infrastructure (Fees) Notice 2021 (Fee Notice).

The Fee Notice is available here at page 2051.

Body of Changes

Schedule 1 of the existing Fee Regulations, which contains the prescribed fee amounts, has been revoked. Instead, the Fee Notice replicates the content of Schedule 1 of the Fee Regulations, with only a few notable additions and changes.

Nearly all fees have been revised upwards of their existing amounts under the Fee Regulations, which is common for a new financial year.

New fees have also been added, including:

• Specific fees for each referral body under Schedule 9 of the General Regulations; and
• Fees to reflect the commencement of the Local Design Review Scheme under section 121 of the Act (as detailed here).

Implications

In the future, councils and relevant authorities should be aware that any updates to the amounts of the prescribed fees will be contained within notices published in the Government Gazette, and not within the traditional amendments to regulations to the Act. This will make revision of the fees administratively easier for the Attorney-General’s Department, removing the need to go through the complexities of amending regulations.

The Fee Regulations are still relevant for determining where and to whom prescribed fees are payable, and the circumstances in which an authority (as defined in the Fee Regulations[1]) may consider fee waiver or refund, among other prescribed matters.

For more specific information on any of the material contained in this article please contact Rebecca McAulay on +61 8 8210 1278 or rmcaulay@normans.com.au, or Nicholas Munday on +61 8 8217 1381 or nmunday@normans.com.au.

[1] See regulation 3(1) of the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019.