Environment Protection Regulations 2023
Part 7Other fees and charges
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Part 7—Other fees and charges 96—Registration or cancellation of registration of environment protection order (section 95) For the purposes of section 95(4a) of the Act— (a) the prescribed amount recoverable in respect of the registration of an environment protection order in relation to land from the person to whom the order was issued is— (i) for the first entry made by the Registrar‑General in registering the order—18 fee units; and (ii) for each subsequent entry made by the Registrar‑General in registering the order—5 fee units; and (b) the prescribed amount recoverable in respect of the cancellation of registration of an environment protection order in relation to land from the person to whom the order was issued is— (i) for the first endorsement made by the Registrar‑General in cancelling the registration of the order—13 fee units; and (ii) for each subsequent endorsement made by the Registrar‑General in cancelling the registration of the order—1 fee unit. 97—Registration or cancellation of registration of clean‑up order or clean‑up authorisation (section 103) For the purposes of section 103(2a) of the Act— (a) the prescribed amount recoverable in respect of the registration of a clean‑up order or clean‑up authorisation from the person whose contravention gave rise to the issuing of the order or authorisation is— (i) for the first entry made by the Registrar‑General in registering the order or authorisation—18 fee units; and (ii) for each additional entry made by the Registrar‑General in registering the order or authorisation—5 fee units; and (b) the prescribed amount recoverable in respect of the cancellation of registration of a clean‑up order or clean‑up authorisation from the person whose contravention gave rise to the issuing of the order or authorisation is— (i) for the first endorsement made by the Registrar‑General in cancelling the registration of the order or authorisation—13 fee units; and (ii) for each subsequent endorsement made by the Registrar‑General in cancelling the registration of the order or authorisation—1 fee unit. 98—Registration or cancellation of site contamination assessment order or site remediation order (section 103R) For the purposes of section 103R(2) of the Act— (a) the prescribed amount recoverable in respect of the registration of a site contamination assessment order or site remediation order in relation to land from the person to whom the order was issued is— (i) for the first entry made by the Registrar‑General in registering the order—18 fee units; and (ii) for each subsequent entry made by the Registrar‑General in registering the order—5 fee units; and (b) the prescribed amount recoverable in respect of the cancellation of registration of a site contamination assessment order or site remediation order in relation to land from the person to whom the order was issued is— (i) for the first endorsement made by the Registrar‑General in cancelling the registration of the order—13 fee units; and (ii) for each subsequent endorsement made by the Registrar‑General in cancelling the registration of the order—1 fee unit. 99—Prescribed fee for emergency authorisation (section 105) (1) Subject to this regulation, the prescribed fee in respect of an emergency authorisation for the purposes of section 105(2)(a) of the Act is 37 fee units. (2) If the Authority is satisfied that— (a) the circumstances giving rise to the issuing of the authorisation were within the control of the person to whom it is issued; and (b) there is no need for inspection by an authorised officer of the place or vehicle in respect of which the authorisation is to apply, the prescribed fee is 26 fee units. (3) If the Authority is satisfied that the circumstances giving rise to the issuing of the authorisation were beyond the control of the person to whom it is issued, the prescribed fee is 0 fee units. 100—Recovery of administrative and technical costs associated with contraventions (section 135) (1) For the purposes of section 135(1)(c) of the Act, the fee payable in respect of action taken to investigate a contravention of the Act is— (a) in the case of action commenced during business hours, the sum of— (i) 11 fee units; and (ii) if the action exceeds 2 hours in duration— (A) 4 fee units for each subsequent hour or part of an hour for action taken during business hours; and (B) 8 fee units for each subsequent hour or part of an hour for action taken outside of business hours; and (b) in the case of action commenced outside of business hours, the sum of— (i) 21 fee units; and (ii) if the action exceeds 2 hours in duration— (A) 4 fee units for each subsequent hour or part of an hour for action taken during business hours; and (B) 8 fee units for each subsequent hour or part of an hour for action taken outside of business hours. (2) For the purposes of section 135(1)(c) of the Act, the fee payable in respect of action taken to issue an order under Part 10 of the Act in respect of a contravention of the Act is 11 fee units. business hours means the hours between 8.45 am and 5 pm on any day other than a Saturday, Sunday or public holiday. 101—Recovery of administrative and technical costs associated with action under Part 10A (section 135A) (1) For the purposes of section 135A(2) of the Act, the fee payable in respect of action taken in accordance with section 135A of the Act is the sum of— (a) the reasonable costs incurred by the Authority to engage a site contamination auditor or site contamination consultant to take action in accordance with that section; and (b) — (i) in the case of action commenced during business hours, the sum of— (A) 11 fee units; and (B) if the action exceeds 2 hours in duration— • 4 fee units for each subsequent hour or part of an hour for action taken during business hours; and • 8 fee units for each subsequent hour or part of an hour for action taken outside of business hours; or (ii) in the case of an action commenced outside of business hours, the sum of— (A) 21 fee units; and (B) if the action exceeds 2 hours in duration— • 4 fee units for each subsequent hour or part of an hour for action taken during business hours; and • 8 fee units for each subsequent hour or part of an hour for action taken outside of business hours. business hours means the hours between 8:45 am and 5 pm on any day other than a Saturday, Sunday or public holiday; reasonable costs include (but are not limited to) the cost of the following: (a) taking a sample; (b) conducting tests, examinations or analyses; (c) undertaking a site investigation; (d) undertaking a risk assessment; (e) undertaking a remediation options assessment; (f) preparing a site remediation plan; (g) preparing a remediation validation report; (h) preparing a site management plan. 102—Interest on amounts recoverable by Authority under sections 64D, 95, 103 and 103R For the purposes of sections 64D(1)(a), 95(5)(a), 103(3)(a) and 103R(4)(a) of the Act, the prescribed rate of interest per annum on an amount recoverable by the Authority but not paid within the period fixed by the Authority is 24% calculated in respect of each month (or part of a month) for which the amount remains unpaid. 103—Further fees Further fees are payable for the purposes of the Act as set out in Schedule 4.