ABORIGINAL AREAS PROTECTION AUTHORITY

REVISED FEE STRUCTURE FOR AUTHORITY CERTIFICATES

Commencement

These changes take effect from 1 January 2002.

Summary

The charges for smaller, relatively straightforward Authority Certificates have been reduced and standardised. The "standard rates" will comprise an application fee and fixed charges covering consultations, survey and mapping. In some circumstances the standard rates will not apply.

1. The standard rates

Except in the cases listed below (section 2), the following standard rates apply:

1.1 Standard Certificates in major urban centres

For Certificates within the Darwin and Palmerston town boundaries or Litchfield Shire, or less than 25 km from the Alice Springs Post Office:

· $1040 comprising $50 application fee and $990 standard charge inclusive of GST; or

· $950 comprising $50 application fee and $900 standard charge in those cases where GST does not apply.

1.2 Standard Certificates outside the major urban centres

For Certificates outside the Darwin and Palmerston town boundaries and Litchfield Shire, and 25 km or more from the Alice Springs Post Office:

· $2250 comprising $50 application fee and $2200 standard charge inclusive of GST; or

· $2050 comprising $50 application fee and $2000 standard charge in those cases where GST does not apply.

1.3. Standard Certificates on freehold blocks

Standard Certificates on freehold blocks anywhere in the Northern Territory attract the same charge as standard Certificates in major urban centres.

2. Exceptions to the standard rates

2.1 Charges higher than “standard rate”

The Authority may recover actual costs (where these are higher than the standard rate) incurred for fieldwork and consultations with custodians where the proposal falls into one or more of the following categories:

· Projects involving a large area of land

Any project associated with a Certificate request covering an area with a maximum boundary (perimeter) greater than or equal to 20 km is deemed to involve a large area of land (see diagram below).

NOTE: Where a single project involves discrete areas (e.g. sewer vents), the total perimeter is the sum of the perimeters of each area.

· Substantial Projects

- Certificate requests for works that have triggered the requirements for a Public Environmental Report (PER) or an Environmental Impact Statement (EIS) under the Environment Assessment Act.

- Certificate requests submitted for all works associated with complex projects such as a resort, mine, major horticultural development or any project using an area of sea.

- Certificate requests for projects that involve the acquisition and/or extinguishment of native title rights.

NOTE: This does not include standard road borrow areas, or mine infrastructure being developed separately from the main mining exercise (e.g. an access track to a mine, where the mining company applies for a separate Certificate to the main mine Certificate).

· Works or use on Aboriginal land.

This includes works on Aboriginal freehold within the meaning of the Land Rights Act and land granted to Aboriginal interests under Northern Territory title.

· Works on documented sacred sites off freehold land.

Certificate requests for works on registered sacred sites, within restricted work zones defined in previously issued Certificate, or in areas where a Certificate has previously been refused because of the existence of sacred sites.

NOTE: If no sacred sites are associated with past Certificate conditions or refusals, this criterion should not be applied.
This criterion does not apply to applications on freehold land.

· Costs of specialised equipment and expertise

If the applicant agrees to the Authority using specialised equipment (e.g. helicopter hire) or expert professional advice (e.g. an arborist), then the associated costs will be added to the standard rate.

2.2 Charges less than “standard rate”

The Authority will charge the $50 application fee only:

· for non-commercial developments on residential freehold land (and, in exceptional circumstances, for developments on other freehold land), where the Authority has recommended that the applicant apply for a Certificate;

NOTE: The Authority may recommend that the applicant apply for a Certificate if there is a known sacred site on the land, and if the site may impose constraints on the land owner’s or resident’s use of the land.

The "$50 only fee" will not apply automatically to all residential freehold.

· to land owners who have been invited to apply for a Certificate as part of the process of site registration under s28(3) of the Act; and

· for re-issue or transfer of an existing Certificate, where no additional consultations are required.

The Authority may impose the $50 application fee only or such other reduced fee:

· in other exceptional circumstances, at the Authority's discretion where there is compelling evidence that the public interest would not be served by charging the standard rate.

2.3. Meetings between applicant and custodians

· Costs will be recovered for arranging meetings requested by the applicant under Section 20(3) of the Act.

NOTE: Where the applicant meets with custodians during the normal Certificate consultation process, without the Authority incurring additional costs, meeting costs will not be levied.