Subdiv 3Licences

Subdivision 3—Licences 26—Licences—Application fee for grant and authorisation fee for grant or renewal (1) The application fee payable under section 38(1) of the Act for a licence is the sum of— (a) a lodgement fee of 10 fee units; and (b) an assessment fee of— (i) in the case of a licence to undertake a waste transport business (category A)—4 fee units; or (ii) in the case of a licence to undertake a waste transport business (category B)—2 fee units; or (iii) in the case of a licence to undertake dredging or earthworks drainage—34 fee units; or (iv) in any other case—20% of the amount determined by the Authority at the time of lodgement of the application to be the expected authorisation fee for the grant of the licence (assuming the grant of a licence on the basis of the application) minus the flat fee component. (2) Amounts determined under subregulation (1)(b)(iv) are not subject to adjustment under regulation 31. (3) 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. (4) The application fee for the renewal of a licence payable under section 43(2) of the Act is 10 fee units. (5) The authorisation fee payable under section 40 of the Act for the grant of a licence is the amount determined by the Authority to be the applicant's projected annual authorisation fee, being the amount of the annual authorisation fee (excluding the resource efficiency component) that would be payable by the applicant if the applicant were the holder of a licence liable to pay an annual authorisation fee under section 48 of the Act in respect of the projected licence period, calculated by reference to the Authority's reasonable assumptions as to what would be the nature and level of the applicant's activities if carried on for the whole of the period to which the calculations relate. (6) The authorisation fee payable under section 43(5) of the Act for renewal of a licence is the amount determined by the Authority to be the applicant's projected annual authorisation fee, being the amount of the annual authorisation fee that would be payable by the applicant if the applicant were the holder of a licence liable to pay an annual authorisation fee under section 48 of the Act in respect of the projected licence period, calculated by reference to the Authority's reasonable assumptions as to what would be the nature and level of the applicant's activities if carried on for the whole of the periods to which the calculations relate. (7) For the purposes of determining the applicant's projected annual authorisation fee— (a) a reference in regulation 27 to an annual authorisation fee is to be read as if it were a reference to the projected annual authorisation fee; and (b) subject to subregulation (8), a reference in these regulations to the current licence period is to be read as if it were a reference to the projected licence period; and (c) a reference in these regulations to activities authorised by the licence is to be read as if it were a reference to activities to be authorised by the licence. (8) If the projected licence period is less than or more than 12 months— (a) a pro rata adjustment is to be made to the amount of the environment management component, and, in the case of renewal, the resource efficiency component, by applying the proportion that the length of the projected licence period bears to 12 months; and (b) the pro rata adjustment is to be made on the basis of months, parts of a month being counted as a full month; and (c) for the purposes of determining the environment management component, if the number of fee units specified in Schedule 2 Part 2 depends on an indicator of the level of activity during the licence period, the indicator is to be determined by the Authority on the basis of the Authority's estimates in relation to the activity during a period of 12 months rather than during the projected licence period. Examples— 1 If the term of the licence is 3 months, the proportion that the length of the projected licence period bears to 12 months would be ¼. 2 If the term of the licence is 3½ months, the proportion that the length of the projected licence period bears to 12 months would be ⅓. projected licence period means— (a) in the case of a licence for which the holder is not liable to pay an annual authorisation fee under section 48 of the Act (by reason of the fact that the term of the licence is less than 2 years or that it is an environmental authorisation of a prescribed class)—the term of the licence; or (b) in the case of a licence for which the holder is liable to pay an annual authorisation fee under section 48 of the Act—the period between the grant or renewal of the licence and the commencement of the first licence period for which an annual authorisation fee will be payable. 27—Licences—Annual authorisation fee (1) The annual authorisation fee payable under section 48 of the Act for a licence is the sum of— (a) the flat fee component of 1 fee unit; and (b) the environment management component determined for the current licence period in accordance with regulation 28; and (c) the resource efficiency component comprising— (i) if the pollutant threshold is exceeded for a designated air pollutant or a designated water pollutant in the reporting period immediately preceding the current licence period—the pollutant load‑based component for the pollutant determined in accordance with regulation 29; and (ii) if the low salinity water threshold is exceeded in the reporting period immediately preceding the current licence period—the water reuse component determined in accordance with regulation 30. An annual authorisation fee is only payable for a licence granted or renewed for a term of 2 or more years (see section 48 of the Act). (2) The pollutant threshold is exceeded in a reporting period— (a) for a designated air pollutant if— (i) in the case of sulphur dioxide or nitrogen oxides—more than 10 000 kilograms of the pollutant are emitted to air during the period from an assessable site specified in the licence; or (ii) in the case of particulates or volatile organic compounds—more than 1 000 kilograms of the pollutant are emitted to air during the period from an assessable site specified in the licence; or (iii) in the case of lead—more than 100 kilograms of lead are emitted to air during the period from an assessable site specified in the licence; or (b) for a designated water pollutant if— (i) in the case of heat—more than 10 megawatts of heat are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or (ii) in the case of suspended solids, nitrogen, phosphorus, organic matter or zinc—more than 1 000 kilograms of the pollutant are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or (iii) in the case of copper or lead—more than 100 kilograms of the pollutant are discharged to waters during the period from an assessable site specified in the licence (in the course of any prescribed activity of environmental significance); or (iv) in the case of salt discharged in the course of a desalination plant— (A) more than 75 000 tonnes of the salt are discharged to the marine environment during the period from an assessable site specified in the licence; or (B) any amount of the salt is discharged during the period from an assessable site specified in the licence to other waters of the State that have a background concentration of salt of 13 000 milligrams of total dissolved solids per L or less (when measured during the period by a method approved by the Authority), in each case, assessed in accordance with an approved estimation or monitoring technique for the activity that produces the pollutant. (3) The low salinity water threshold is exceeded in a reporting period if 10 megalitres or more of water is discharged to the marine environment during that period (whether directly or indirectly through pipes or channels) from an assessable site specified in the licence and the average salinity of water so discharged is less than 1 500 milligrams of total dissolved solids per litre (assessed in accordance with an approved estimation or monitoring technique for the activity that produces the water). (4) The pollutant threshold or low salinity water threshold is to be taken to have been exceeded in the reporting period immediately preceding the current licence period (the relevant reporting period) if— (a) the Authority is satisfied that the threshold has been exceeded in the relevant reporting period on the basis of information reported to the Authority in relation to the activities authorised by the licence (for the purposes of the National Pollutant Inventory, conditions of licence or otherwise); or (b) the Authority has not received information for the relevant reporting period or has not had an opportunity to determine whether it is satisfied as to the accuracy of information reported to the Authority for the relevant reporting period, but is satisfied that the threshold has been exceeded in the reporting period immediately preceding the relevant reporting period on the basis of information reported to the Authority in relation to the activities authorised by the licence (for the purposes of the National Pollutant Inventory, conditions of licence or otherwise); or (c) the Authority is satisfied on the basis of its reasonable assumptions as to the nature and level of the activities authorised by the licence that the threshold would be exceeded if the activities were to be carried on over a 12 month period (whether or not they have in fact been carried on over such a period). (5) If discharges of liquid pollutants from 2 or more activities authorised by separate licences (whether or not held by the same person) are mixed by use of the same pipe or channel or otherwise so as to constitute a single discharge to waters, the Authority is to— (a) determine the annual authorisation fee payable for the licence as if the discharge to waters were the result of activities authorised by a single licence; and (b) apportion the amount so determined between the separate licences concerned— (i) on such basis as may be nominated by the holder of the licences, or, if there is more than 1 holder, on such basis as may be agreed by the holders; or (ii) in the absence of such a nomination or agreement, on a basis determined by the Authority having regard to the respective environmental impacts of the discharges resulting from the activities authorised by the separate licences. 28—Determining environment management component (1) The environment management component is comprised of— (a) a separate amount payable for each assessable site specified in the licence as follows: (i) if the licence authorises only 1 prescribed activity of environmental significance to be carried on at the site during the licence period—the number of fee units specified in Schedule 2 Part 2 for the activity; (ii) if the licence authorises 2 or more prescribed activities of environmental significance to be carried on at the site during the licence period—the highest number of fee units specified in Schedule 2 Part 2 for any of the activities (or the higher number, in the case of only 2 such activities); and (b) if the licence authorises a waste transport business—the number of fee units determined as follows: (i) the number of fee units specified in Schedule 2 Part 2 for the activity for each vehicle that is an assessable vehicle during the licence period adjusted, if the vehicle is not an assessable vehicle for the whole of the licence period, by applying the proportion that the number of months during the licence period for which the vehicle is an assessable vehicle bears to 12 months; (ii) for the purposes of the adjustment, part of a month is to be counted as a full month; (iii) if the same vehicle is an assessable vehicle for the purposes of both a waste transport business (category A) and a waste transport business (category B) and a different number of fee units is specified in Schedule 2 Part 2 for the vehicle in those different businesses—the number of fee units for the vehicle is the higher number of fee units so specified adjusted, if the vehicle is not an assessable vehicle for the whole of the licence period, as set out in subparagraphs (i) and (ii); and (c) if the licence authorises dredging—the number of fee units specified in Schedule 2 Part 2 for the activity for each day on which the activity is undertaken during the licence period; and (d) if the licence authorises earthworks drainage—the number of fee units specified in Schedule 2 Part 2 for the activity for each day on which the activity is undertaken during the licence period. (2) If the number of fee units specified in Schedule 2 Part 2 depends on an indicator of the level of activity during the licence period, the indicator is to be determined by the Authority on the basis of the Authority's estimates in relation to the activity during the licence period. (3) Amounts determined under this regulation are subject to any necessary adjustment under regulation 31 after the end of the licence period. 29—Determining pollutant load‑based component (1) The pollutant load‑based component is comprised of a separate amount payable for each assessable site specified in the licence. (2) The amount payable for an assessable site is the sum of— (a) the fee units for each designated air pollutant emitted to air from the site in the course of a prescribed activity of environmental significance during the designated reporting period determined in accordance with subregulation (3); and (b) the fee units for each designated water pollutant— (i) in the case of a designated water pollutant discharged to waters (including underground waters) from the site (whether directly or indirectly through pipes or channels) in the course of a desalination plant during the designated reporting period—determined in accordance with subregulation (4); or (ii) in the case of a designated water pollutant discharged to waters (other than underground waters) from the site (whether directly or indirectly through pipes or channels) in the course of any other prescribed activity of environmental significance during the designated reporting period—determined in accordance with subregulation (5). (3) The number of fee units for a designated air pollutant is to be determined in accordance with the following formula: