Western Australian Current Regulations Western Australian Current Regulations (1) A local government
may impose a fee for a service provided by the local government pursuant to a
request for —
(a) a
local planning scheme amendment; or
(b) the
adoption of a structure plan or local development plan provided by the
applicant; or
(c) an
amendment to a structure plan or local development plan provided by the
applicant.
(2) No fee can be
imposed for a service provided pursuant to a request for a local planning
scheme amendment if the sole purpose of the amendment requested is to amend
the local planning scheme to make it consistent with a region planning scheme.
(3) A local government
that receives a request for a local planning scheme amendment must give the
applicant an estimate, in the form in Schedule 3, of —
(a) the
hours that the local government’s staff will spend dealing with the
request; and
(b) the
total fee, calculated in accordance with that form, that the local government
will impose for dealing with the request.
(4) A local government
that receives a request to adopt or amend a structure plan or local
development plan provided by the applicant must give the applicant an
estimate, in the form in Schedule 4, of —
(a) the
hours that the local government’s staff will spend dealing with the
request; and
(b) the
total fee, calculated in accordance with that form, that the local government
will impose for dealing with the request.
(5) In an estimate
given under subregulation (3) or (4), the hourly rates for the local
government’s staff must be decided by the local government but must not
exceed —
(a) for
the person in charge of planning at the local government, $88.00 per hour;
(b) for
a senior planner or manager, $66.00 per hour;
(c) for
a planning officer, environmental health officer or other officer with
qualifications relevant to the request, $36.86 per hour;
(d) for
a secretary or administrative officer, $30.20 per hour,
unless the local
government is exempted under regulation 53.
(6) A local government
may reduce the estimated total fee specified in an estimate given under
subregulation (3) or (4).
(7) A local government
may refuse to deal with a request referred to in subregulation (3)
until —
(a) the
estimated total fee specified in the estimate given in accordance with the
subregulation is paid; or
(b) if
that fee is reduced under subregulation (6), the reduced fee is paid.
(8A) A local
government may refuse to advertise a structure plan or local development plan
or an amendment to a structure plan or local development plan related to a
request referred to in subregulation (4) until —
(a) the
estimated total fee specified in the estimate given in accordance with the
subregulation is paid; or
(b) if
that fee is reduced under subregulation (6), the reduced fee is paid.
(8) If the local
government —
(a)
decides not to initiate the local planning scheme amendment or the adoption or
amendment of a structure plan or local development plan; or
(b)
decides to discontinue the preparation or adoption of a local planning scheme
amendment or the adoption or amendment of a structure plan or local
development plan,
moneys paid by the
applicant to the local government for the planning service and not expended by
the local government on the provision of that service must be refunded to the
applicant.
[Regulation 48 amended: Gazette
14 May 2010 p. 2009‑10; 6 May 2011
p. 1617; 21 May 2013 p. 2011‑12;
25 Aug 2015 p. 3381‑2; SL 2020/252 r. 84.]