Planning and Development (Amendment) Act 2010


Amendment of section 144 of Principal Act.

44.— Section 144 of the Principal Act is amended by the substitution of the following subsections for subsection (1):

“(1) The Board may determine fees that may be charged, subject to the approval of the Minister, in relation to any matter referred to in subsection (1A) and a fee as so determined shall be payable to the Board by any person concerned as appropriate.

(1A) The matters in relation to which the Board may determine fees under subsection (1) are:

( a) an appeal or referral;

( b) an application to the Board for any strategic infrastructure development or an application for leave to appeal under section 37(6)( a);

( c) an application for a consultation under section 37B, 181C, or 182E or under section 47B of the Act of 2001;

( d) a request under section 146B;

( e) a request for a written opinion on the information to be contained in an environmental impact assessment under section 173(3), under section 39 of the Act of 2001 or under section 50 of the Roads Act 1993;

( f) an application for leave to apply for substitute consent or an application for substitute consent under Part XA;

( g) submission of an environmental impact statement in accordance with a request by the Board to furnish same;

( h) submission of a Natura impact statement in accordance with a request by the Board to furnish same;

( i) request for an oral hearing under section 134 or 177Q; and

( j) making a submission or observation under section 37E, 37F, 130, 135(2B)( e), 146B, 146C, 146D, 175, 181A, 182A, 182C, 217B, or 226, section 51 of the Roads Act 1993, section 40 (other than by persons required to be served with a notice under section 40(1)( d)), section 41, or section 47D of the Act of 2001 or making an objection under section 48 of the Roads Act 1993 (other than by persons on whom notice is served under section 48( b)).

(1B) The Board may, subject to the approval of the Minister, provide for the payment of different fees in relation to different classes or descriptions of matters referred to in subsection (1A)( a) to ( j), for exemption from the payment of fees in specified circumstances and for the waiver, remission or refund in whole or in part of fees in specified circumstances.”.