PART 8SUPPLEMENTARY FUNCTIONS

Fees

124Fees for performance of infrastructure consent functions and services

1

Regulations may make provision for or in connection with the charging of fees by—

a

a specified public authority for performing an infrastructure consent function;

b

a specified public authority for the provision of an infrastructure consent service.

2

Infrastructure consent function” means a function conferred by, under or by virtue of this Act.

3

Infrastructure consent service” means any advice, information or other assistance (including a response to a consultation or participating in the examination of an application by making a written submission, attending or giving evidence at a hearing or attending or giving evidence to a local inquiry) provided in connection with—

a

an application or proposed application—

i

for an infrastructure consent, or

ii

to make a change to, or revoke, an infrastructure consent order, or

b

any other specified matter relating to significant infrastructure projects.

4

Regulations under subsection (1) may, among other things, make provision about—

a

when a fee (including a supplementary fee) may, and may not, be charged;

b

the amount that may be charged (including provision specifying the amount or provision conferring a power to specify the amount);

c

what may, and may not, be taken into account in calculating the amount charged;

d

who is liable to pay a fee charged;

e

to whom fees are to be paid;

f

when a fee charged is payable;

g

the recovery of fees charged;

h

waiver, reduction or repayment of fees;

i

the effect of paying or failing to pay fees charged (including provision permitting a public authority specified under subsection (1) to not do something the authority would otherwise be required to do under an enactment until any outstanding fees for doing it are paid);

j

the transfer of fees payable to one person to another person;

k

the supply or publication of information for any purpose of the regulations.

5

Regulations under subsection (1) may confer a function, including a function involving the exercise of a discretion, on any person.

6

Regulations under subsection (1)(a) may provide for the amounts of fees to be calculated by reference to costs incurred—

a

in the performance of any infrastructure consent function, and

b

in doing anything that is calculated to facilitate, or is conducive or incidental to, the performance of any infrastructure consent function.

7

In this section, “specified” means specified in regulations.