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

South Australia Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019 under the Planning, Development and Infrastructure Act 2016

Contents Part 1—Preliminary 1 Short title 3 Interpretation 3A Fees associated with the work of assessment managers 3B Fees associated with work of assessment panels Part 3—General 5 Calculation or assessment of fees 6 Time period suspended if fee not paid 7 Waiver or refund of fee Part 4—Development assessment fees (specific provisions) 8 Variation of authorisation (section 128) 9 Staged development 11 Development undertaken by councils 12 Excluded Crown development 13 Development to be assessed by accredited professional Part 5—Funds and off‑set schemes 16 Open space contribution scheme 17 Multi-unit buildings Part 6—Distribution of fees 18 Distribution of fees 19 Payment requirements Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Planning, Development and Infrastructure Act 2016; authority means a person or body performing, exercising or discharging a function, power or duty under the Act or a related set of regulations; designated entity means— (a) in relation to an assessment panel acting as a relevant authority under section 82(c), (d) or (e) of the Act— (i) in the case of an assessment panel appointed by a joint planning board—the council for the area in which the development is to be undertaken; or (ii) in the case of an assessment panel appointed by a council—the council; or (iii) in the case of an assessment panel appointed by the Minister—an entity designated by the Chief Executive in the particular case; or (ab) the Commission; or (b) in relation to an assessment manager— (i) in the case of an assessment manager appointed by a joint planning board—the council for the area in which the development is to be undertaken; or (ii) in the case of an assessment manager appointed by the chief executive of a council—the council; or (iii) in the case of an assessment manager appointed by the Chief Executive—an entity designated by the Chief Executive in the particular case; fee includes a charge or contribution; prescribed fee means a fee prescribed for the purposes of the Act, these regulations or a related set of regulations; quarter means a 3 month period commencing on any of the following days in any year: (a) 1 January; (b) 1 April; (c) 1 July; (d) 1 October; related set of regulations means— (a) the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019; or (b) the Planning, Development and Infrastructure (General) Regulations 2017. (2) Words and expressions used in a related set of regulations and in these regulations have the same respective meanings in these regulations as they have in the related set of regulations. (3) Subregulation (2) does not apply to the extent that the context or subject matter otherwise indicates or requires. 3A—Fees associated with the work of assessment managers (1) A prescribed fee paid or payable to an assessment manager acting as a relevant authority will be taken to be paid or payable to the designated entity that relates to the assessment manager. (2) For the purposes of subregulation (1), the entity under paragraph (b) of the definition of designated entity that applies in relation to a particular assessment manager will be taken to be the designated entity that relates to that assessment manager. 3B—Fees associated with work of assessment panels (1) A prescribed fee paid or payable to an assessment panel acting as a relevant authority under section 82(c), (d) or (e) of the Act will be taken to be paid or payable to the designated entity that relates to the assessment panel. (2) For the purposes of subregulation (1), the entity under paragraph (a) of the definition of designated entity that applies in relation to a particular assessment panel will be taken to be the designated entity that relates to that assessment panel.