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Contents (2009 - 211)
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Protection of the Environment Operations (General) Regulation 2009
Current version for 1 September 2019 to date (accessed 24 September 2019 at 18:33)
Chapter 2 Part 1 Division 2
Division 2 Administrative fees
8   Administrative fee must accompany application
For the purposes of section 53 (2) (c) of the Act, the fee that must accompany an application for the issue of a licence is the administrative fee for the licence.
9   Amount of administrative fee unit
(1)  An administrative fee unit for a licence fee period that begins on a date in any of the following periods is the amount specified in respect of that period—
(a)  before 1 July 2009—$100,
(b)  on or after 1 July 2009 and before 1 July 2010—$105,
(c)  on or after 1 July 2010 and before 1 July 2011—$108,
(d)  on or after 1 July 2011 and before 1 July 2012—$110,
(e)  on or after 1 July 2012 and before 1 July 2014—$113,
(f)  on or after 1 July 2014 and before 1 July 2015—$119,
(g)  on or after 1 July 2015 and before 1 July 2016—$122,
(h)  on or after 1 July 2016 and before 1 July 2017—$125,
(i)  on or after 1 July 2017 and before 1 July 2018—$129,
(j)  on or after 1 July 2018 and before 1 July 2019—$133,
(k)  on or after 1 July 2019 and before 1 July 2020—$136,
(l)  on or after 1 July 2020 and before 1 July 2021—$139,
(m)  on or after 1 July 2021 and before 1 July 2022—$143,
(n)  on or after 1 July 2022 and before 1 July 2023—$146,
(o)  on or after 1 July 2023—$150.
(2)  For the purposes of calculating the administrative fee that must accompany an application for the issue of a licence, the period during which the licence fee period begins is taken to be the date on which the application is made.
10   Calculating amount of administrative fee
(1)  The steps to determine the administrative fee comprised in an annual licence fee are as follows—
Step 1 (Calculation of administrative fee units)
Multiply the amount of one administrative fee unit for the relevant licence fee period by—
(a)  the number of administrative fee units specified in Schedule 1 for the activity authorised or controlled by the licence, or
(b)  if the licence authorises or controls more than one activity, the greatest number of administrative fee units specified in Schedule 1 for any one of those activities.
Step 2 (Determination of environmental management category)
Determine the environmental management category for the licence holder in accordance with the environmental management calculation protocol.
Step 3 (Calculation of administrative fee)
Multiply the amount calculated in accordance with step 1 by the environmental management factor specified in Column 2 of the Table to this clause for the applicable environmental management category specified in Column 1 of that Table.
(2)  Steps 2 and 3 do not apply for the purpose of—
(a)  calculating the administrative fee for a licence fee period that commences before 1 July 2016, or
(b)  calculating the administrative fee for a licence relating to an activity that is declared by clause 48 of Schedule 1 to the Act to be a scheduled activity, or
(c)  calculating the administrative fee that is to accompany an application for a licence relating to premises, if the applicant has not previously held a licence relating to those premises.
Table
Column 1
Column 2
Environmental management category
Environmental management factor
A
0.95
B
1.0
C
1.3
D
1.6
E
2.0
10A   Environmental management calculation protocol
(1)  For the purpose of this Division, the EPA is to issue (and may from time to time vary) a protocol to be applied in the determination of environmental management categories for licence holders (an environmental management calculation protocol) by notice published in the Gazette.
(2)  An environmental management calculation protocol is to provide for the determination of environmental management categories by reference to such matters relating to the licence holder’s performance in managing environmental risks as may be specified in the protocol.
(3)  An environmental management calculation protocol takes effect from the date specified in the protocol and from that date any previous protocol ceases to have effect.
(4)  Any environmental management calculation protocol in force under this clause must be made available on the EPA’s website.
10B   Determination of environmental management category—insufficient information provided
(1)  If insufficient information is given to the EPA by a licence holder for the EPA to determine the correct environmental management category for the licence holder within 60 days after the beginning of the relevant licence fee period, the EPA may determine the environmental management category (and the resulting amount of the administrative fee) having regard to such information, if any, as is available to it.
Note.
 A licence holder is required to report this information to the EPA in the annual return, required to be furnished as a condition of the licence, in relation to the licence holder’s performance in managing environmental risks during a licence fee period.
(2)  The amount of the administrative fee so determined is taken to be the correct fee amount unless the contrary is established by the person who is liable to pay the fee in any proceedings for the recovery of the fee or other proceedings relating to the fee.
10C   Change in environmental management category—adjustment of administrative fee
(1)  This clause applies if, at any time during a licence fee period, the EPA receives from the licence holder information that would have resulted in the determination of a different environmental management category for the licence holder had the information been received before the determination was made.
(2)  The EPA may redetermine the environmental management category for the licence holder on the basis of the information provided.
(3)  The administrative fee for the licence fee period is to be adjusted according to the redetermined environmental management category and the adjusted fee (and redetermined category) is to be notified to the licence holder in accordance with section 57 (3) of the Act.
(4)  Any additional amount of any fee adjusted under this clause is to be paid by the licence holder to the EPA not later than 60 days after the environmental management category is redetermined.
(5)  The provisions of Division 5 relating to the payment of interest on unpaid administrative fees apply to any additional amount of any fee adjusted under this clause.
11   Refunds if application refused or withdrawn
(1)  The EPA may refund the payment of all or any part of an administrative fee that accompanies an application for the issue of a licence if the EPA refuses the application or the application is withdrawn.
(2)  The EPA may grant a refund on its own initiative or if a request is made by the applicant within 90 days after the applicant is notified of the refusal or the EPA is notified of the withdrawal, as the case may be.
(3)  The EPA is not to consider a request for a refund made after the time specified in subclause (2) unless the EPA is satisfied that there are exceptional circumstances that justify it doing so.
(4)  In considering whether to refund all or part of a fee, the EPA is to have regard to the administrative costs incurred by the EPA in connection with the application.
12   Refunds and waivers—licence holders
(1)  The EPA may do any one or more of the following if it considers that it is appropriate to do so—
(a)  refund the payment of all or any part of an administrative fee comprised in an annual licence fee,
(b)  refund the difference between the administrative fee paid and any lesser amount that would have been payable if the administrative fee had been calculated on the actual level of the activity during the licence fee period to which the fee relates,
(b1)  refund the difference between the administrative fee paid and any lesser amount payable as a result of an adjustment under clause 10C,
(c)  on approval of an application under section 80 of the Act for surrender of a licence, waive the payment of all or any part of an administrative fee comprised in an annual licence fee for the licence concerned.
(2)  The EPA may grant a refund, or waive payment under subclause (1) on its own initiative or if requested by the licence holder within 90 days after the end of the licence fee period to which the fee relates.
(3)  The EPA is not to consider a request for a refund made after the time specified in subclause (2) unless the EPA is satisfied that there are exceptional circumstances that justify it doing so.
(4)  In considering whether to refund or waive all or part of an administrative fee, the EPA is to have regard to the administrative costs incurred by the EPA in connection with the licence.