Environment Protection Regulations 2023
Div 3Discounts and other benefits for accredited licensees
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Division 3—Discounts and other benefits for accredited licensees 33—Benefits of accreditation An accredited licensee is entitled to— (a) a 50% reduction in the environment management component of— (i) the authorisation fee otherwise payable under section 40 or 43 of the Act in relation to the accredited activity; or (ii) the annual authorisation fee otherwise payable under section 48 of the Act in relation to the accredited activity; and (b) any other variations to the licence conditions favourable to the licensee considered appropriate by the Authority. 34—Accredited licences (1) A licensee may apply to the Authority to be accredited as an accredited licensee in respect of a particular prescribed activity of environmental significance carried on at premises occupied by the licensee. (2) An application for accreditation must be made in a manner and form approved by the Authority and accompanied by any information required by the Authority. (3) Subject to this regulation, the Authority may grant accreditation if satisfied that— (a) the activity is being carried on at the premises to a high level of environmental performance; and (b) that performance can be maintained for the duration of the term of the licence. (4) In determining the level of environmental performance for the purposes of subregulation (3), the Authority may take into consideration the following: (a) the licensee's record of compliance with the Act and statutory instruments under the Act; (b) whether the licensee has an environment improvement programme in place in respect of the activity; (c) any other matter it considers relevant. (5) The Authority must not grant accreditation unless satisfied that the licensee has in place in respect of the activity the following: (a) an environment management system approved by the Authority; (b) an environmental audit and compliance program approved by the Authority. (6) The Authority must, within 14 days of granting an application for accreditation, publish a notice in the Gazette specifying the name of the accredited licensee, the premises at which the accredited activity is carried on and the nature of that activity. (7) An accreditation may, with the approval of the Authority, be transferred simultaneously with the transfer of a licence under section 49 of the Act. 35—Performance reports (1) An accredited licensee must submit a performance report to the Authority within 60 days after the end of each financial year or such further period as the Authority may approve containing details of environmental performance at the premises at which the accredited activity is carried on during the financial year. (2) A performance report must— (a) be prepared in a form approved by the Authority; and (b) contain information or details required by the Authority; and (c) be authorised by the licensee. 36—Review of accreditation (1) The Authority may, at any time, review the accreditation of an accredited licensee. (2) The Authority must give the licensee notice of its intention to conduct a review under this regulation. (3) The Authority may cancel an accreditation if of the opinion that— (a) the accredited activity is no longer being carried on at the premises to a high level of environmental performance; or (b) the licensee has contravened the Act or a statutory instrument under the Act; or (c) the licensee no longer has in place or is implementing in respect of the accredited activity— (i) an environment management system approved by the Authority; or (ii) an environment improvement programme approved by the Authority; or (iii) an environmental audit and compliance program approved by the Authority. (4) If a licensee's accreditation is cancelled, the licensee must pay to the Authority an amount equal to the licence fee reduction resulting from the accreditation multiplied by the proportion that the number of days in the remainder of the current licence period bears to the number of days in the licence period.