Subdivision 2
In forceState transport corridors and future State transport corridors
Schedule 10Development assessment
Division 3Oil and gas infrastructure—referral agency’s assessment
Subdivision 2 State transport corridors and future State transport corridors
| Table 1—Reconfiguring a lot near a State transport corridor | |
|---|---|
| Column 1 | Column 2 |
| 1 Development application requiring referral | Development application for reconfiguring a lot that is assessable development under section 21, if— |
| (a) all or part of the premises are within 25m of a State transport corridor; and | |
| (b) 1 or more of the following apply— | |
| (i) the total number of lots is increased; | |
| (ii) the total number of lots adjacent to the State transport corridor is increased; | |
| (iii) there is a new or changed access between the premises and the State transport corridor; | |
| (iv) an easement is created adjacent to a railway as defined under the Transport Infrastructure Act, schedule 6; and | |
| (c) the reconfiguration does not relate to government supported transport infrastructure | |
| 2 Referral agency | The chief executive |
| 3 Limitations on referral agency’s powers | — |
| 4 Matters referral agency’s assessment must be against | The State development assessment provisions |
| 5 Matters referral agency’s assessment must have regard to | — |
| 6 Matters referral agency’s assessment may be against | — |
| 7 Matters referral agency’s assessment may have regard to | — |
| 8 Fee for referral— | |
| (a) if the reconfiguration results in less than 50 lots | 1,714 fee units + (856 fee units x S) |
| where— | |
| S means the number of State transport corridors that all or part of the premises are within 25m of, minus 1 | |
| Example— For premises within 25m of 3 State transport corridors, the fee is 1,714 fee units + (856 fee units x 2) = 3,426 fee units. | |
| (b) if the reconfiguration results in 50 lots or more, but no more than 200 lots | 3,430 fee units + (1,714 fee units x S) |
| where— | |
| S means the number of State transport corridors that all or part of the premises are within 25m of, minus 1 | |
| Example— For premises within 25m of 3 State transport corridors, the fee is 3,430 fee units + (1,714 fee units x 2) = 6,858 fee units. | |
| (c) if the reconfiguration results in more than 200 lots | 6,859 fee units + (3,430 fee units x S) |
| where— | |
| S means the number of State transport corridors that all or part of the premises are within 25m of, minus 1 | |
| Example— For premises within 25m of 3 State transport corridors, the fee is 6,859 fee units + (3,430 fee units x 2) = 13,719 fee units. | |
| Table 2—Reconfiguring a lot that is a future State transport corridor | |
|---|---|
| Column 1 | Column 2 |
| 1 Development application requiring referral | Development application for reconfiguring a lot that is assessable development under section 21, if— |
| (a) all or part of the premises are a future State transport corridor; and | |
| (b) the total number of lots is increased; and | |
| (c) the reconfiguration does not relate to government supported transport infrastructure | |
| 2 Referral agency | The chief executive |
| 3 Limitations on referral agency’s powers | — |
| 4 Matters referral agency’s assessment must be against | The State development assessment provisions |
| 5 Matters referral agency’s assessment must have regard to | — |
| 6 Matters referral agency’s assessment may be against | — |
| 7 Matters referral agency’s assessment may have regard to | — |
| 8 Fee for referral— | |
| (a) if the reconfiguration results in less than 50 lots | 856 fee units for each future State transport corridor |
| (b) if the reconfiguration results in 50 lots or more, but no more than 200 lots | 1,714 fee units for each future State transport corridor |
| (c) if the reconfiguration results in more than 200 lots | 3,430 fee units for each future State transport corridor |
| Table 3—Reconfiguring a lot near a State-controlled road intersection | |
|---|---|
| Column 1 | Column 2 |
| 1 Development application requiring referral | Development application for reconfiguring a lot that is assessable development under section 21, if— |
| (a) all or part of the premises are— | |
| (i) adjacent to a road (the relevant road) that intersects with a State-controlled road; and | |
| (ii) within 100m of the intersection; and | |
| (b) 1 or more of the following apply— | |
| (i) the total number of lots is increased; | |
| (ii) the total number of lots adjacent to the relevant road is increased; | |
| (iii) there is a new or changed access between the premises and the relevant road; and | |
| (c) the reconfiguration does not relate to government supported transport infrastructure | |
| 2 Referral agency | The chief executive |
| 3 Limitations on referral agency’s powers | — |
| 4 Matters referral agency’s assessment must be against | The State development assessment provisions |
| 5 Matters referral agency’s assessment must have regard to | — |
| 6 Matters referral agency’s assessment may be against | — |
| 7 Matters referral agency’s assessment may have regard to | — |
| 8 Fee for referral— | |
| (a) if the reconfiguration involves reconfiguring a lot stated in table 1, item 1, column 2 | Nil |
| (b) if paragraph (a) does not apply and the reconfiguration results in 50 lots or less | 856 fee units |
| (c) if paragraph (a) does not apply and the reconfiguration results in more than 50 lots, but no more than 200 lots | 1,714 fee units |
| (d) if paragraph (a) does not apply and the reconfiguration results in more than 200 lots | 3,430 fee units |
| Table 4—Material change of use of premises near a State transport corridor or that is a future State transport corridor | |
|---|---|
| Column 1 | Column 2 |
| 1 Development application requiring referral | Development application for a material change of use, other than an excluded material change of use, that is assessable development under a local categorising instrument, if all or part of the premises— |
| (a) are within 25m of a State transport corridor; or | |
| (b) are a future State transport corridor; or | |
| (c) are— | |
| (i) adjacent to a road that intersects with a State-controlled road; and | |
| (ii) within 100m of the intersection | |
| 2 Referral agency | The chief executive |
| 3 Limitations on referral agency’s powers | — |
| 4 Matters referral agency’s assessment must be against | The State development assessment provisions |
| 5 Matters referral agency’s assessment must have regard to | — |
| 6 Matters referral agency’s assessment may be against | — |
| 7 Matters referral agency’s assessment may be against | — |
| 8 Fee for referral— | |
| (a) if the material change of use involves reconfiguring a lot stated in table 1, item 1, column 2, table 2, item 1, column 2 or table 3, item 1, column 2 | Nil |
| (b) if paragraph (a) does not apply and the material change of use is stated in item 1, column 2, paragraph (a) or (c) and does not involve new relevant vehicular access to a State transport corridor— | |
| (i) for premises that consist of at least 1 dwelling but no more than 4 dwellings | 856 fee units for— |
| (a) each State transport corridor that all or part of the premises are within 25m of; and | |
| (b) each State-controlled road, other than a State-controlled road to which paragraph (a) applies, that intersects with a road that is adjacent to all or part of the premises, if the intersection is within 100m of all or part of the premises | |
| Examples— 1 For premises within 25m of 3 State transport corridors, the fee is 2,568 fee units. | |
| 2 For premises— | |
| (a) within 25m of a State-controlled road; and | |
| (b) adjacent to a road that intersects with the State-controlled road mentioned in paragraph (a) and within 100m of the intersection; | |
| the fee is 856 fee units. | |
| (ii) otherwise | 1,714 fee units + (856 fee units x S) |
| where— | |
| S means the total of the following, minus 1— | |
| (a) the number of State transport corridors that all or part of the premises are within 25m of; | |
| (b) the number of State-controlled roads, other than State-controlled roads to which paragraph (a) applies, that intersect with a road that is adjacent to all or part of the premises, if the intersection is within 100m of all or part of the premises | |
| Examples— 1 For premises within 25m of 3 State transport corridors, the fee is 1,714 fee units + (856 fee units x 2) = 3,426 fee units. | |
| 2 For premises— | |
| (a) within 25m of a State-controlled road; and | |
| (b) adjacent to a road that intersects with the State-controlled road mentioned in paragraph (a) and within 100m of the intersection; | |
| the fee is 1,714 fee units + (856 fee units x 0) = 1,714 fee units. | |
| (c) if paragraph (a) does not apply and the material change of use is stated in item 1, column 2, paragraph (a) or (c) and involves a new relevant vehicular access to a State transport corridor— | |
| (i) for premises that consist of at least 1 dwelling but no more than 4 dwellings | 1,714 fee units + (856 fee units x S) |
| where— | |
| S means the total of the following, minus 1— | |
| (a) the number of State transport corridors that all or part of the premises are within 25m of; | |
| (b) the number of State-controlled roads, other than State-controlled roads to which paragraph (a) applies, that intersect with a road that is adjacent to all or part of the premises, if the intersection is within 100m of all or part of the premises | |
| Examples— 1 For premises within 25m of 3 State transport corridors, the fee is 1,714 fee units + (856 fee units x 2) = 3,426 fee units. | |
| 2 For premises— | |
| (a) within 25m of a State-controlled road; and | |
| (b) adjacent to a road that intersects with the State-controlled road mentioned in paragraph (a) and within 100m of the intersection; | |
| the fee is 1,714 fee units + (856 fee units x 0) = 1,714 fee units. | |
| (ii) otherwise | 3,430 fee units + (1,714 fee units x S) |
| where— | |
| S means the total of the following, minus 1— | |
| (a) the number of State transport corridors that all or part of the premises are within 25m of; | |
| (b) the number of State-controlled roads, other than State-controlled roads to which paragraph (a) applies, that intersect with a road that is adjacent to all or part of the premises, if the intersection is within 100m of all or part of the premises | |
| Examples— 1 For premises within 25m of 3 State transport corridors, the fee is 3,430 fee units + (1,714 fee units x 2) = 6,858 fee units. | |
| 2 For premises— | |
| (a) within 25m of a State-controlled road; and | |
| (b) adjacent to a road that intersects with the State-controlled road mentioned in paragraph (a) and within 100m of the intersection; | |
| the fee is 3,430 fee units + (1,714 fee units x 0) = 3,430 fee units. | |
| (d) if paragraph (a) does not apply and all or part of the premises are a future State transport corridor— | |
| (i) for premises that consist of at least 1 dwelling but no more than 4 dwellings | 856 fee units for each future State transport corridor |
| (ii) otherwise | 1,714 fee units for each future State transport corridor |
| Table 5—Operational work on premises near a State transport corridor | |
|---|---|
| Column 1 | Column 2 |
| 1 Development application requiring referral | Development application for operational work, if— |
| (a) all or part of the premises are within 25m of a State transport corridor; and | |
| (b) the work— | |
| (i) relates to access to a State transport corridor; or | |
| (ii) involves extracting, excavating or filling more than 50m3; or | |
| (iii) involves the redirection or intensification of site stormwater from the premises, through a pipe or culvert with a cross-sectional area of more than 625cm2, to a State transport corridor; and | |
| (c) the work does not relate to— | |
| (i) a material change of use stated in table 4, item 1, column 2, paragraph (a) or (c); or | |
| (ii) reconfiguring a lot stated in table 1, item 1, column 2 or table 3, item 1, column 2; or | |
| (iii) government supported transport infrastructure | |
| 2 Referral agency | The chief executive |
| 3 Limitations on referral agency’s powers | — |
| 4 Matters referral agency’s assessment must be against | The State development assessment provisions |
| 5 Matters referral agency’s assessment must have regard to | — |
| 6 Matters referral agency’s assessment may be against | — |
| 7 Matters referral agency’s assessment may have regard to | — |
| 8 Fee for referral | 3,430 fee units + (1,714 fee units x S) |
| where— | |
| S means the number of State transport corridors that all or part of the premises is within 25m of, minus 1 | |
| Example— For premises within 25m of 3 State transport corridors, the fee is 3,430 fee units + (1,714 fee units x 2) = 6,858 fee units. | |
| Table 6—Operational work on premises that is a future State transport corridor | |
|---|---|
| Column 1 | Column 2 |
| 1 Development application requiring referral | Development application for operational work, if— |
| (a) all or part of the premises are a future State transport corridor; and | |
| (b) the work does not relate to— | |
| (i) a material change of use stated in table 4, item 1, column 2, paragraph (b); or | |
| (ii) reconfiguring a lot stated in table 2, item 1, column 2; or | |
| (iii) government supported transport infrastructure | |
| 2 Referral agency | The chief executive |
| 3 Limitations on referral agency’s powers | — |
| 4 Matters referral agency’s assessment must be against | The State development assessment provisions |
| 5 Matters referral agency’s assessment must have regard to | — |
| 6 Matters referral agency’s assessment may be against | — |
| 7 Matters referral agency’s assessment may have regard to | — |
| 8 Fee for referral | 3,430 fee units + (1,714 fee units x F) |
| where— | |
| F means the number of future State transport corridors on the premises, minus 1 | |
| Example— For premises that have 3 future State transport corridors on the premises, the fee is 3,430 fee units + (1,714 fee units x 2) = 6,858 fee units. | |
sch 10 pt 9 div 4 sdiv 2 amd 2017 SL No. 141 s 19 (1)–(2); 2018 SL No. 91 s 15 (18)–(23); 2019 SL No. 104 s 16 (18)–(23); 2020 SL No. 163 s 12 (18)–(23); 2021 SL No. 78 s 12 (18)–(23); 2022 SL No. 75 s 13(37)–(46); 2023 SL No. 92 s 8(1)
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