Commonwealth Numbered Regulations - Explanatory Statements
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AUSTRALIAN CAPITAL TERRITORY (PLANNING AND LAND MANAGEMENT) AMENDMENT (FEES) REGULATION 2015 (SLI NO 189 OF 2015)
EXPLANATORY STATEMENT
Select Legislative Instrument No. 189, 2015
Australian Capital Territory (Planning and Land Management) Act 1988
Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015
Overview and Background
The Australian Capital Territory (Planning and Land Management) Act 1988 (the Act) provides the legislative framework for the planning and land management of the ACT. Under Part 8 Miscellaneous of the Act, section 53 Regulations, the Governor-General may make regulations prescribing matters that are required, permitted, necessary or convenient for giving effect to the Act.
Section 53(2) provides that the National Capital Authority (the NCA) may charge fees and recover fees in relation to proposals submitted to the NCA for approval under this Act. Section 12 of the Act requires that 'works' may not be conducted within the Designated Areas of the ACT without the written approval of the NCA.
The NCA has recovered fees in relation to proposals to conduct 'works' since 1992. A review of the fee schedule has not been undertaken since this time. The purpose of this amendment is to ensure fees charged are consistent with the cost of considering proposals for 'works' and incorporate a method of indexation to better align fees with increases in costs over time.
The Regulation is being laid before both Houses of Parliament as a disallowable instrument in accordance with the Legislative Instruments Act 2003. If either House, in pursuance of a motion of which notice has been given within 15 sitting days after the Regulation has been laid before that House, passes a resolution disallowing the Amendment, or part of the Regulation, the Regulation or part so disallowed ceases to have effect.
The amendment takes effect on 1 December 2015.
The Office of Best Practice Regulation advised a Regulation Impact Statement is not required.
Consultation
The stakeholders affected by the fee increases are those proposing works to be carried out in the designated areas which require approval. There is no requirement for prior notice and consultation with the applicants/stakeholders as NCA has not reviewed its charges since 1992.
The proposed fees are based on cost recovery and reflect costs incurred by the NCA in delivering the works approval function. It is anticipated that the increase fees will be incorporated by the applicant into the cost of the projects. The NCA is not anticipating adverse stakeholder reactions as majority of the affected applicants will see only a small increase in fees: -
* approximately 90% of the applicants will have works approvals below $100,000; and
* approximately10% of the applicants will see a proportionately higher movement in fees with values over $100,000. These applicants include property developers, property owners and the Commonwealth Government.
The increase in fees along with the approved CRIS will be notified on the NCA's website in conjunction with the media release.
Detailed provision by provision description of the Ordinance
Section 1 - Name of Regulation
This section would provide that the title of the Regulation is the Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015.
Section 2 - Commencement
This section would provide for the Regulation to commence on 1 December 2015.
Section 3 - Authority
This section would provide that the Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015 is made under the Australian Capital Territory (Planning and Land Management) Act 1988 (the Act).
Section 4 - Schedule(s)
This section would provide that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 - Amendments
Item [1] - Before regulation 1
Item 1 provides for the heading 'Part 1' to be included in accordance with all new approved regulations.
Item [2] - Subregulation 4(1)
Item 2 amends the subregulation to clarify that the Authority may recover an indexed fee to account for the introduction of indexation into the proposed regulation.
Item [3] - Subregulation 4(2)
Item 2 substitutes the words 'the Schedule' for 'the table at Schedule 1' to accurately reflect the amended schedule of fees in the proposed regulation.
Item [4] - Subregulation 4(3)
Item 4 repeals the subregulation as cost recovery will no longer be sought for sketch plans prior to application being submitted.
Item [5] - Regulation 4
Item 5 provides an equation to calculate indexation on the base fee used to calculate the payable fee each financial year. This indexation would be calculated using the All Groups Consumer Price Index (CPI) to calculate the new base fee applicable at each threshold amount.
Item [6] - Amendments made by the Australian Capital Territory (Planning and Management) Amendment Regulation 2015
Item 6 provides for transitional provisions and ensures the new schedule applies to proposals submitted on or after 1 December 2015.
Item [7] - Schedule
Item 2 repeals the current schedule of fees for works approval and substitute the new schedule.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Capital Territory (Planning and Land Management) Amendment (Fees) Regulation 2015
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Legislative Instrument amends the fees set out in the regulation. The Legislative Instrument also amends the regulation to include indexation of fees over time.
The Legislative Instrument relates to the recovery of costs associated with consideration of proposals to conduct works in the Designated Areas of the ACT only and is compatible with human rights in the seven core United Nations human rights treaties.
Human rights implications
This regulation does not engage any of the applicable rights or freedoms.
Conclusion
This regulation is compatible with human rights as it does not raise any human rights issues.
Paul Fletcher
Minister for Territories, Local Government and Major Projects
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