New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 7.44

7.44 Charges and fees fixed by regulation

(cf previous s 137)

(1) Where under the provisions of any Act, regulation or environmental planning instrument the Minister, Planning Ministerial Corporation, Department or Planning Secretary--

(a) supplies any service, product, commodity or publication, or

(b) makes any registration, or

(c) gives any permission, or

(d) furnishes any information, or

(e) receives any application for its approval, or

(f) issues any certificate, requirement or direction, or

(g) allows admission to any building,

the charge or fee shall be as prescribed by the regulations or as determined in accordance with the regulations, including as determined by a person specified in the regulations.

(1A) The regulations may prescribe charges or fees, and prescribe the circumstances in which a person or body becomes liable for any such charge or fee, if the Minister, Planning Ministerial Corporation, Department or Planning Secretary carries out any research or investigation, prepares any report, study or instrument or does any other matter or thing in connection with the exercise of any statutory function under this Act, either at the request of the person or body or for the benefit of the person or body.

Note : Such functions may include making an environmental planning instrument.

(1B) The regulations may prescribe the following in relation to a building information certificate issued under Part 6, Division 6.7--

(a) charges and fees payable in connection with a certificate,

(b) mechanisms to determine charges and fees payable in connection with a certificate.

(2) In any such regulation, provision may be made requiring a deposit or prepayment in respect of any such charge or fee.

(3) Nothing in this section authorises any charge or fee contrary to the provisions of any Act, regulation or environmental planning instrument.