Western Australian Current Acts

PLANNING AND DEVELOPMENT ACT 2005 - SECT 261

261 .         Local government fees for planning matters etc., regulations as to

        (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.