Australian Capital Territory
Planning and Development (Fees) Determination 2010 (No 1)
Disallowable Instrument DI2010-128
made under the
Planning and Development Act 2007, s 424 (Determination of fees)

EXPLANATORY STATEMENT

The Planning and Development Act 2007 is an Act about planning and development in the ACT.

Section 424 of the Act provides the Minister with the power to determine fees.

The purpose of this determination is to revoke Disallowable Instrument DI 2009-180 that set fees for 2009-10 financial year and to determine fees for the 2010-11 financial year.

Generally the fees determined for the 2010-11 financial year represent the 2009-10 financial year fees increased in accordance with ACT Treasury’s inflation factor of 3.5% (2010/11 Budget Paper No 3.). Appropriate rounding has occurred in relation to the increases.

Changes include:
•	The fee structure of the Development Application fees has been altered within the 3.5% inflation factor. 
•	The fee related to development application amendment for code track applications has been removed as the fee is no longer required.
•	Correction of the fee calculation of the ‘Application for the grant of a further lease for a term exceeding the term of the existing lease for residential purposes’ fee has been included in this determination.
•	Additional fees as a result of recent legislative changes have been introduced for processing of ‘Certificate of Confirmation of Development Approval Exemption’.
•	A wording change has been applied to the Application for Exemption Declaration under regulation 1.100A to clarify the scope of the fee.

The fees take effect on 1 July 2010.

The determination under section 424 of the Act is a disallowable instrument.