State Policies and Projects (Fees) Regulations 2023

State Policies and Projects (Fees) Regulations 2023

20 November 2023

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 State Policies and Projects Act 1993.

These regulations may be cited as the State Policies and Projects (Fees) Regulations 2023.

These regulations take effect on the day on which their making is notified in the Gazette.

In these regulations – Act means the State Policies and Projects Act 1993; chairperson, in relation to a project of State significance, means the person whom the Commission has assigned to chair the integrated assessment of the project under the Act; consultant, in relation to a project of State significance, means a person employed or engaged by the Commission to provide advice, or recommendations, in respect of the project; cumulative working period, in respect of a class of persons for a project stage of a project of State significance – see subregulation (2); delegate, in relation to a project of State significance, means a person to whom a function or power of the Commission has been delegated, under section 8 of the Tasmanian Planning Commission Act 1997, in respect of the project; person proposing the project of State significance has the same meaning as in Part 3 of the Act; project stage, in relation to a project of State significance, means a stage specified in regulation 5(1); staff, in relation to a project of State significance, means a person employed or engaged to undertake work in respect of the project at the Commission, other than a person employed or engaged as – the chairperson, or a delegate, in respect of the project; or a consultant in respect of the project.

The cumulative working period for a class of persons, in respect of a project stage, is calculated by – adding the total number of hours worked by all members of that class of persons on that project stage; and dividing that total number of hours by – in the case of the calculation of a cumulative working period for staff – 7.35; or for any other calculation of a cumulative working period – 8; and rounding the final number up to two decimal places.

If, under section 18(1) of the Act, the Minister considers that a project is a project of State significance, the person proposing the project of State significance is required to pay a fee of 17 000 fee units to cover the administrative costs of assessing whether the project is eligible, under section 16 of the Act, to be a project of State significance.

Despite subregulation (1), the Minister is to waive a fee payable under that subregulation in respect of a project if the Minister, under section 18(1) of the Act, considers the project, or makes a recommendation to the Governor in respect of the project, on the Minister’s own initiative.

A fee payable under subregulation (1) in respect of a project is due and owing to the State within the 30-day period immediately after the making of an order under section 18(2) of the Act, in respect of the project, is notified in the Gazette.

For the purposes of the Act, a fee is payable for the following stages in respect of a project of State significance, if the stage occurs in respect of the project:the preparation of assessment guidelines, including exhibition of draft assessment guidelines, under section 20(2B) of the Act; the preparation of the draft integrated assessment report and its public exhibition under section 22 of the Act; the modification of the draft integrated assessment report and the public exhibition of the modified report under section 25 of the Act; the preparation of the final recommendations report to the Minister under section 26 of the Act; the preparation of a report recommending additional conditions under section 26A of the Act; the preparation of an amendment order under section 26B of the Act.

A fee payable under subregulation (1) in respect of a stage is to be calculated in accordance with regulation 6(1).

A fee payable for a project stage under regulation 5(1) is the sum of the following amounts as calculated for that stage:the amount calculated by multiplying 60 000 fee units by the relevant portion factor, for the project stage, as specified in subregulation (2); the chairperson component for the project stage as calculated under regulation 7; the delegate component for the project stage as calculated under regulation 8; the staff component for the project stage as calculated under regulation 9; the consultant component for the project stage as calculated under regulation 10.

The portion factors, for the purpose of calculating a fee under subregulation (1) in respect of a project stage, are as follows:for the project stage relating to the preparation of assessment guidelines, including exhibition of draft assessment guidelines, under section 20(2B) of the Act – 0.2; for the project stage relating to the preparation of the draft integrated assessment report and its public exhibition under section 22 of the Act – 0.5; for the project stage relating to the modification of the draft integrated assessment report and the public exhibition of the modified report under section 25 of the Act – 0.2; for the project stage relating to the preparation of the final recommendations report to the Minister under section 26 of the Act – 0.3; for the project stage relating to the preparation of a report recommending additional conditions under section 26A of the Act – 0.2; for the project stage relating to the preparation of an amendment order under section 26B of the Act – 0.2.

The chairperson component for a project stage is to be calculated by multiplying the cumulative working period for all chairpersons on that project stage by 790 fee units.

The delegate component for a project stage is to be calculated by multiplying the cumulative working period for all delegates, other than the chairpersons, on that project stage by 510 fee units.

In this regulation – TSS Award means the Tasmanian State Service Award made under the Industrial Relations Act 1984 and any award made in substitution for that award.

The staff component for a project stage is the sum of the following amounts for that stage:the amount calculated by multiplying the cumulative working period, for level 1 staff on that project stage, by 290 fee units; the amount calculated by multiplying the cumulative working period, for level 2 staff on that project stage, by 340 fee units; the amount calculated by multiplying the cumulative working period, for level 3 staff on that project stage, by 370 fee units; the amount calculated by multiplying the cumulative working period, for level 4 staff on that project stage, by 510 fee units.

For the purposes of these regulations, the levels for staff for a project of State significance are determined as follows:level 1 staff for the project are staff who are employed or engaged at Band 5, under the TSS Award, in respect of work performed in respect of the project; level 2 staff for the project are staff who are employed or engaged at Band 6, under the TSS Award, in respect of work performed in respect of the project; level 3 staff for the project are staff who are employed or engaged at Band 7, under the TSS Award, in respect of work performed in respect of the project; level 4 staff for the project are staff who are employed or engaged at Band 8 or above, under the TSS Award, in respect of work performed in respect of the project.

The consultant component for a project stage is the sum of the following amounts for that stage:the amount calculated by multiplying the cumulative working period, for level 1 consultants on that project stage, by 560 fee units; the amount calculated by multiplying the cumulative working period, for level 2 consultants on that project stage, by 1 120 fee units; the amount calculated by multiplying the cumulative working period, for level 3 consultants on that project stage, by 1 690 fee units; the amount calculated by multiplying the cumulative working period, for level 4 consultants on that project stage, by 2 250 fee units; the amount calculated by multiplying the cumulative working period, for level 5 consultants on that project stage, by 2 810 fee units.

For the purposes of these regulations, the classification of a consultant at a specific level is to be in accordance with the arrangements, made by the Commission under section 18(3) of the Tasmanian Planning Commission Act 1997, under which the consultant has been engaged for that project stage.

For the purposes of these regulations, the person liable to pay a fee under these regulations, in respect of a project of State significance, is the person proposing the project of State significance.

If there are two or more persons proposing the project of State significance – each such person is liable, in equal shares, to pay a fee that is payable under these regulations in respect of the project, unless all such persons agree otherwise; and the person to whom the fee is payable may recover the fee, jointly and severally, from one or more such persons.

Nothing in subregulation (2) prevents a person proposing the project of State significance (the first proponent) from recovering, from another person proposing the project of State significance, an amount paid by the first proponent under subregulation (2), in respect of a fee, that exceeds the amount that the first proponent is liable to pay under that subregulation for that fee.