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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 22 September 2019 at 09:43)
Chapter 5A Part 1 Clause 79G
79G   Calculation of cost of Upper Hunter monitoring program
(1)  During each levy period, the EPA is to calculate an estimate of the cost to the EPA of the Upper Hunter monitoring program for that levy period.
(2)  After the end of a levy period, the EPA is to calculate the actual cost to the EPA of the Upper Hunter monitoring program for that levy period.
(3)  The actual cost to the EPA of the Upper Hunter monitoring program for a levy period in which a person becomes an Upper Hunter licence holder is to be reduced by the amount of any annual levy payable to the EPA for that levy period by that licence holder under clause 79F.
(4)  If the actual cost to the EPA of the program for the levy period exceeds the estimated program cost for that levy period, the amount of the difference is to be added to the estimated program cost for the next levy period and the program cost for that period is to be increased accordingly.
(5)  If the actual cost of the program for the levy period is less than the estimated program cost for that levy period, the amount of the difference is to be deducted from the estimated program cost for the next levy period and the program cost for that period is to be decreased accordingly.
(6)  The EPA may determine arrangements for payment of any additional annual levy, or a refund of an annual levy, that is required because of an adjustment to the program cost under this clause.
(7)  Without limiting section 295Z (4) of the Act, the cost of the Upper Hunter monitoring program includes—
(a)  the costs associated with the use of equipment, facilities and infrastructure to monitor air quality under the program, and
(b)  the costs associated with the administration of the program, including the costs associated with reporting on the program and any advisory committees established to advise the EPA in relation to the program.
(8)  However, the cost of the Upper Hunter monitoring program does not include the costs of construction of a new facility to monitor air quality if an Upper Hunter licence holder is required to pay a construction levy in respect of those costs under clause 79H.