177Prescribed annual fee

177 Prescribed annual fee

(1) For the purposes of section 55 of the Act, the prescribed fee for an operating licence for an activity set out in the Table in Schedule 1 is an annual fee which is the sum of—

(a) the base fee set out in column 5 of that Table for that activity or, if more than one activity is proposed to be undertaken, the highest of any applicable base fee relating to each activity proposed to be undertaken; and

(b) all applicable component fees for the operating licence for each component of any activity specified in Schedule 11 which occurs under the licence calculated in accordance with that Schedule.

(2) A fee calculated under subregulation (1)(b) must not exceed 42 000 fee units in relation to each of the following activities as set out in clauses 1, 2 and 3 of Schedule 11—

(a) acceptance of waste;

(b) discharge or emission to the atmosphere;

(c) discharge or deposit to water or land.

An absolute maximum component fee that may be charged under subregulation (1)(b) is 42 000 x 3 = 126 000 fee units if 3 activities are carried out. This amount must be added to the base fee set out in subregulation (1)(a).

(3) The annual fee must be paid to the Authority every year.

(4) In the case of an operating licence that is amended under section 57 of the Act, the holder of the licence must pay an additional fee, calculated from the day the Authority amended the licence, which represents the difference between the fee which would have been payable for the amended licence in accordance with subregulation (1) and the prescribed annual fee already paid.