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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 20 September 2019 at 17:30)
Chapter 2 Part 1 Division 5
Division 5 Time for payment and penalties for late payment
36   Administrative fee
(1)  The administrative fee for any licence fee period of a licence must be paid not later than 120 days after the beginning of that licence fee period.
(2)  If an administrative fee is not paid (or not fully paid) by the due date for its payment, the administrative fee is to be increased by the amount of simple interest calculated at the rate of 5 per cent per fortnight on the amount of the fee unpaid for each whole fortnight that elapses after the due date and before the date of payment.
(3)  The amount of any such increase is prescribed as a penalty for the purposes of section 57 (4) of the Act.
(4)  This clause does not apply to an administrative fee that is required to accompany an application for the issue of a licence.
37   Load-based fee
(1)  The load-based fee for any licence fee period must be paid within 120 days after the end of that period.
(2)  If a load-based fee is not paid (or not fully paid) by the due date for its payment, the load-based fee payable is increased by the amount of simple interest calculated at the rate of 5 per cent per fortnight on the amount of the fee unpaid for each whole fortnight that elapses after the due date and before the date of payment.
(3)  Any such increased amount is prescribed as a penalty for the purposes of section 57 (4) of the Act.
38   Refunds and waivers—penalties for late payment
(1)  The EPA may refund, or waive the payment of, all or any part of the amount of any increase of a fee payable under this Division if—
(a)  in the case of an increase in the amount of a load-based fee, the EPA is satisfied that the licence holder was unable to calculate and pay the fee by the due date because of circumstances beyond the control of the licence holder, or
(b)  in any case, the EPA considers that it is appropriate to do so.
(2)  Subclause (1) (a) does not excuse the licence holder from calculating and paying the load-based fee in respect of some of the pollutants concerned in so far as that calculation is not beyond the control of the licence holder.
(3)  In considering whether to refund the payment of, or waive, all or any part of the amount of any increase of a fee, the EPA is to have regard to the administrative costs incurred by the EPA in connection with the licence.