Sullivans Cove Waterfront Authority Regulations 2005

Sullivans Cove Waterfront Authority Regulations 2005

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Sullivans Cove Waterfront Authority Act 2004 .

12 December 2005

W. J. E. COX

Governor

By His Excellency's Command,

P. A. LENNON

Premier

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Sullivans Cove Waterfront Authority Regulations 2005 .

2.   Commencement

These regulations take effect on 1 January 2006.

3.   Interpretation

In these regulations –

Act means the Sullivans Cove Waterfront Authority Act 2004 .

PART 2 - Notices and advertisements

4.   Advertisement of exhibition of draft development plan

(1)  For the purposes of section 30(b) of the Act, the exhibition of a draft development plan is to be advertised on at least 2 occasions in a daily newspaper circulating generally in Tasmania, with at least one of those advertisements to be on a Saturday.

(2)  An advertisement under subregulation (1) is to –

(a) specify where and when copies of the draft development plan may be inspected; and

(b) specify that representations in relation to the draft development plan may be submitted in accordance with section 31(1) of the Act; and

(c) explain how to make those representations; and

(d) include any other details determined by the Authority.

5.   Notice of making of development plan

(1)  For the purpose of section 34(2)(c) of the Act, notice of the Minister's making of the development plan is to be –

(a) advertised in a daily newspaper circulating generally in Tasmania; and

(b) displayed at the Authority's office.

(2)  A notice under subregulation (1) is to –

(a) fix the date on which the development plan comes into operation; and

(b) include any other details determined by the Authority.

6.   Advertisement of exhibition of draft amended Urban Design Framework

(1)  For the purposes of section 40(1)(b) of the Act, the exhibition of the draft amended Urban Design Framework is to be advertised on at least 2 occasions in a daily newspaper circulating generally in Tasmania, with at least one of those advertisements to be on a Saturday.

(2)  An advertisement under subregulation (1) is to –

(a) specify where and when copies of the draft amended Urban Design Framework may be inspected; and

(b) specify that comments in relation to that draft amended Urban Design Framework may be submitted in accordance with section 40(2) of the Act; and

(c) explain how to make those comments; and

(d) include any other details determined by the Authority.

PART 3 - Fees

7.   Planning, building, plumbing and miscellaneous fees

The fees specified in Schedule 1 are the fees that are payable to the Authority for the matters to which they respectively relate.

8.   Waiver, reduction or refund of fees

(1)  The chief executive officer may waive, reduce or refund the whole or part of a fee payable under Schedule 1 if –

(a) an application or request is withdrawn and the Authority has not commenced an assessment of the development or works; or

(b) it appears that there will be a significant public benefit arising from the development or works exceeding any personal benefit to the applicant.

(2)  Subregulation (1) does not authorise any waiver, reduction or refund of a fee if the development or works were commenced before the relevant application or request was made.

SCHEDULE 1 - Fees

Regulation 7

PART 1 - Preliminary

1.   Interpretation

In this Schedule, a reference to the cost of a development or other work is taken to be the reasonably expected construction cost of that development or work as reasonably determined by the Authority.

PART 2 - Planning

1.   Permit application

Application under the Land Use Planning and Approvals Act 1993 for a planning permit –

(a) where the cost of development does not exceed $500 000, 1 fee unit for each $1 000 of those costs (with a minimum fee of 75 fee units); or

(b) in any other case, 500 fee units plus 0.5 fee unit for each $1 000 of the cost of development in excess of $500 000 (with a maximum fee of 5 000 fee units).

2.   Planning permits for signs

Application under the Land Use Planning and Approvals Act 1993 for a planning permit for a sign –

(a) 75 fee units for each sign up to 3 signs; or

(b) 250 fee units for 4 or more signs.

3.   Planning scheme amendment

Request under section 33 of the Land Use Planning and Approvals Act 1993 to amend a planning scheme – 455 fee units.

4.   Advertisement of public exhibition of planning scheme amendment

Advertisement under section 38 of the Land Use Planning and Approvals Act 1993 of the public exhibition of a draft amendment of a planning scheme – 200 fee units.

5.   Minor amendments of permit

Request under section 56 of the Land Use Planning and Approvals Act 1993 to amend a permit – 75 fee units.

6.   Notice of planning permit application

Notice under section 57(3) of the Land Use Planning and Approvals Act 1993 of an application for a permit – 200 fee units.

PART 3 - Building

1.   Building permit

Application under the Building Act 2000 for building permit –

(a) where the application is in respect of works involving demolition – 60 fee units for each hour expended in assessing the application (with a minimum fee of 120 fee units); or

(b) in any other case, where the cost of the works is greater than $5 000 – 120 fee units.

2.   Building certificate

Application under the Building Act 2000 for building certificate that is not issued concurrently with building application – 60 fee units for each hour expended in assessing the application (with a minimum fee of 120 fee units).

PART 4 - Plumbing

1.   Plumbing permit

Application under the Building Act 2000 for plumbing permit –

(a) where the cost of the works does not exceed $5 000 – 120 fee units; or

(b) where the cost of the works exceeds $5 000 –

(i) 60 fee units for each hour spent in assessing the application (with a minimum fee of 120 fee units); and

(ii) 60 fee units for each hour spent for inspections, including reinspections or additional inspections, in respect of the application (with a minimum fee of 120 fee units); and

(iii) 60 fee units for each hour spent in preparing "as constructed" drawings (with a minimum fee of 120 fee units).

PART 5 - Miscellaneous

1.   Notice of heritage works application

Notice under section 34 of the Historic Cultural Heritage Act 1995 of works application – 80 fee units.

2.   Determination of applicability of provisions

Fulfilment under section 90 of the Local Government (Building and Miscellaneous Provisions) Act 1993 of requirement to produce a certificate – 200 fee units.

3.   Titles – sealed plan

Application under section 103 of the Local Government (Building and Miscellaneous Provisions) Act 1993 to amend sealed plan – 200 fee units.

4.   Adhesion order

Application under section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993 for adhesion order – 150 fee units.

5.   Certificate of approval

Application under section 6 of the Strata Titles Act 1998 for certificate of approval – 300 fee units.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 21 December 2005

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –

(a) provide for the advertisement of certain exhibitions under the Sullivans Cove Waterfront Authority Act 2004 ; and

(b) provide for the notice requirements for certain exhibitions under that Act; and

(c) prescribe the fees payable in respect of certain matters under that Act.