Subdiv 2Exemptions

Subdivision 2—Exemptions 25—Exemptions—Application fee for grant, authorisation fee for grant or renewal and annual authorisation fee (1) The application fee for an exemption payable under section 38(1) of the Act is 43 fee units. (2) However, if public notice is to be given under section 39(1), or section 39(1) and (2), of the Act in respect of the application, the amount otherwise payable under subregulation (1) is increased by the amount determined by the Authority to be the cost of publication of the notice but not exceeding— (a) if the notice and other similar notices are to be published together by the Authority—5 fee units; or (b) in any other case—20 fee units. (3) The application fee for the renewal of an exemption payable under section 43(2) of the Act is 10 fee units. (4) The authorisation fee payable under section 40 or 43(5) of the Act, and the annual authorisation fee payable under section 48 of the Act, for an exemption will be at 1 of the following levels: (a) 10 fee units; (b) a multiple of 10 fee units up to 100 units; (c) 100 fee units; (d) a multiple of 100 fee units up to 2 500 units. (5) The level of the authorisation fee and annual authorisation fee for an exemption is to be determined by the Authority at its discretion having regard to the following: (a) the factors specified in section 25(2) of the Act; (b) any relevant environment protection policy; (c) whether the applicant will be bound by an environment improvement programme; (d) the time of the day and the period for which the exemption will operate; (e) the number of people affected by, or the extent of any other environmental impact of, the activity to which the exemption will relate; (f) any relevant matter arising under any of the following in relation to the location of the activity to which the exemption will relate: (i) the Development Act 1993 or a Development Plan or development authorisation under that Act; (ii) the Planning, Development and Infrastructure Act 2016, the Planning and Design Code or a development authorisation under that Act; (g) any other matter considered relevant by the Authority. An annual authorisation fee is only payable for an exemption granted or renewed for a term of 2 or more years (see section 48 of the Act).