Protection of the Environment Operations (General) Regulation 2009
21 Load calculation protocol
(1) For the purpose of this Division, the EPA may from time to time issue or vary a protocol to be applied in the calculation of load-based fees (load calculation protocol) by notice published in the Gazette.(2) Without limiting the matters that may be dealt with in a load calculation protocol, a load calculation protocol may do any of the following—(a) set out the means for calculating actual loads and weighted loads, including by the use of monitoring programs, emission factors and other methods,(b) provide for load weighting measures, such as—(i) ceasing or reducing discharges during particularly unfavourable conditions, and(ii) reusing waste water (whether by the licence holder or another person),(c) provide for a reduction in the actual load of a licence holder, for the purpose of the calculation of load-based fees—(i) where any assessable pollutants are transferred, without being discharged, from the licence holder’s premises to another person’s premises with the consent of the other person, or(ii) where a licence holder receives onto the licence holder’s premises naturally occurring loads of assessable pollutants,(d) provide for any reduction in the actual load of a licence holder, for the purpose of the calculation of a load-based fee, arising from the transfer of assessable pollutants to another person’s premises to be subject to arrangements for the payment by that other person to the EPA of the amount of any reduction in the load-based fee payable by the licence holder as a result of the transfer,(e) provide for a reduction in the actual load of a licence holder, for the purpose of the calculation of a load-based fee, by permitting a notional reduction of the amount of an assessable pollutant discharged in a licence fee period by reference to a reduction in the discharge of that pollutant (elsewhere than at the premises where the activity is carried on) as a result of action taken by the licence holder in connection with that activity.Note.An example of such a reduction may relate to the emission of VOCs by a petroleum refinery. In addition to action to reduce those emissions from the refinery, action can be taken to produce fuel that will emit less VOCs when in use off the premises of the refinery and this could be taken into account for the purposes of the reduction.(3) A load calculation protocol takes effect in relation to an activity from the date specified in the protocol and from that date any previous protocol in relation to the activity ceases to have effect.(4) A copy of any load calculation protocol in force under this clause must be available for inspection and purchase by members of the public at the principal office of the EPA. The purchase price may be any reasonable amount that the EPA determines.