(1) In this section
—
fee includes charge;
issue includes grant, give or renew;
licence includes registration, right, permit,
authority, approval or exemption;
planning matter means any matter arising under
this Act in relation to —
(a) a
local planning scheme; or
(b)
subdivision; or
(c)
approval of development.
(2) The Governor may
make regulations providing for, or in respect of —
(a) the
licences and services in respect of planning matters for which fees may be
imposed by a local government; and
(b) the
fees that may be imposed for those licences and the provision of those
services, and the recovery of those fees; and
(c) any
formula, index or other base to be used for the purposes of calculating or
ascertaining the fee; and
(d) the
payment or recovery of costs and expenses incurred by the local government in
issuing a licence or providing a service in relation to a planning matter,
including costs and expenses incurred by the local government in obtaining
specialist or expert advice where, in the opinion of the local government, the
advice was necessary for the purpose of taking the action or providing the
service; and
(e) the
liability of persons for payment to the local government in respect of the
issuing of a licence and the provision of services and related costs and
expenses.
(3) A local government
is not to —
(a)
impose any fee for the issue of a licence or the provision of a service in
relation to a planning matter; or
(b)
require payments for costs and expenses incurred by the local government in
issuing a licence or providing a service in relation to a planning matter,
unless the licence or
service is prescribed under subsection (2)(a).
(4) A fee imposed for
an application for approval of development that has commenced or been carried
out may include an amount prescribed by way of penalty.
(5) A local government
is not to impose a fee for an action or service in relation to a planning
matter that is inconsistent with a fee prescribed or provided for under this
section.