Environmental Management and Pollution Control (General) Regulations 2017
In ForceTAS
Jurisdiction
Tasmania
Act Number
80 of 2017
Collection
regulation
Plain English Summary
8/10 complexity
This regulation sets out who pays what, and when, for environmental permits, assessments and notices under the Environmental Management and Pollution Control Act. It replaces earlier fees rules with a detailed, tiered schedule of fixed, variable and assessment fees linked to activity type and capacity, allows the Board to grant or revoke fee exemptions and low‑risk status, and prescribes infringement penalties.
It affects operators, permit applicants and persons served with protection notices by changing compliance costs, payment timing and administrative discretion held by the Board.
These regulations set the fee, exemption and administrative framework for environmentally relevant activities assessed or regulated under the Environmental Management and Pollution Control Act 1994 (the Act) and for related instruments under the Land Use Planning and Approvals Act 1993 and the State Policies and Projects Act 1993. Mechanically the instrument:
Prescribes annual fees for level 2 activities conducted under a LUPAA permit and for environment protection notices, as fixed and variable components (regulation 4, Schedule 1). For permissible level 1 and certain other activities it prescribes lump-sum fee amounts and variable components (regulation 4(3)).
Prescribes fees for orders made under the State Policies and Projects Act 1993 where the environmentally relevant activity is a level 3 activity (regulation 5).
Prescribes assessment fees payable to the Board for environmental assessments and referrals under sections 24, 25, 25A and 27 of the Act, including when the hourly rate applies or where a Schedule 1 assessment fee applies (regulation 11, Schedule 1).
Prescribes fees for environmental improvement programmes, audits, searches, scheduled premises declarations and other miscellaneous actions (regulations 13, 15).
Establishes the hourly rate used in several fees calculations as 75 fee units for each hour or part hour spent by the Board or the Director and confirms that the fee amounts in the regulations are GST exempt (s 3; regulations 4(4), 5(2), 6(4), 11(10), 13(3), 15(10)).
Creates administrative pathways for fee relief and differential treatment: the Board may grant exemptions from variable fees at its discretion (regulation 8), and persons may apply for exemptions from variable fees subject to timing and content requirements (regulation 9). The Board may also grant exemptions from any fee in the regulations (regulation 17).
Current sections
Direct links to the current provisions in Environmental Management and Pollution Control (General) Regulations 2017.
capacity, in relation to a level 2 activity specified in Schedule 1 , means the maximum capacity for processing, production, melting, consumption, application, treatment, receipt, handling, washing or generation that is specified in relation to the level 2 activity in –
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
hourly rate means 75 fee units for each hour, or part of an hour, spent by the Board or Director on a matter to which a fee prescribed in these regulations relates;
inert waste means waste that is not –
(a) controlled waste; or
(b) putrescible waste; or
(c) likely to cause, either directly or indirectly, material environmental harm or serious environmental harm or environmental nuisance; or
(d) contaminated with controlled waste or putrescible waste;
low-risk activity means an environmentally relevant activity determined by the Board to be a low-risk activity under regulation 10 ;
(b) in respect of which the Board has carried out an environmental impact assessment;
permissible level 1 activity has the same meaning as in section 24 of the Act;
permissible level 2 activity has the same meaning as in section 25 of the Act;
putrescible waste means waste containing major components that are likely to generate an offensive odour;
wastewater treatment works means works –
(a) that are conducted to enable the discharge of treated or untreated sewage, septic tank effluent or industrial or commercial wastewater to land or water; and
(b) that have a capacity to treat sewage, septic tank effluent or industrial or commercial wastewater.
Part 2
Fees for LUPAA Permits, Orders and Environment Protection Notices
Part 2 Fees for LUPAA Permits, Orders and Environment Protection Notices
Division 1
Fees for LUPAA permits, orders and environment protection notices
Division 1 Fees for LUPAA permits, orders and environment protection notices
4
Annual fees for LUPAA permits and environment protection notices
4 Annual fees for LUPAA permits and environment protection notices
(1) The fee payable in respect of a LUPAA permit by the person responsible for a level 2 activity that is not a low-risk activity and is conducted under one LUPAA permit is the total of –
(a) the fixed fee in Column 2 of Schedule 1 corresponding to the level 2 activity in Column 1 of that Schedule; and
(b) the variable fee in Column 3 of Schedule 1 corresponding to the level 2 activity in Column 1 of that Schedule.
(2) The fee payable in respect of a LUPAA permit, or for the issue and service of an environment protection notice issued in accordance with section 27(6) of the Act, by the person responsible for the level 2 activity that is a low-risk activity and is conducted under one LUPAA permit or one environment protection notice, respectively, is 250 fee units.
(3) The fee payable in respect of a LUPAA permit by the person responsible for the permissible level 1 activity that is conducted under one LUPAA permit, the application for which is referred to the Board under section 24(1) of the Act, is 16 500 fee units plus a variable fee of 12 680 fee units.
(4) The fees prescribed under this regulation are exempt from GST.
5
Fees for orders under State Policies and Projects Act 1993
5 Fees for orders under State Policies and Projects Act 1993
(1) The fee payable in respect of an order made under section 26 of theState Policies and Projects Act 1993 by the person responsible for an environmentally relevant activity which is a level 3 activity, and in respect of which the order is made, is –
(a) the fee prescribed under regulation 4(1) if the level 3 activity is also a level 2 activity; or
(b) 16 500 fee units, plus a variable fee of 12 680 fee units, if the level 3 activity is not also a level 2 activity.
(2) The fees prescribed under this regulation are exempt from GST.
6
Fees for environment protection notices
6 Fees for environment protection notices
(1) In this regulation –
relevant fee, in relation to an environment protection notice, means –
(a) in the case of a level 2 activity, the fee prescribed under regulation 4(1) ; or
(b) in the case of an environmentally relevant activity (other than a level 1 activity, level 2 activity or level 3 activity), 16 500 fee units plus a variable fee of 12 680 fee units;
relevant period, in relation to an environment protection notice, means –
(a) the first 12-month period after the environment protection notice is issued and served on a person; and
(b) each 12-month period after the period referred to in paragraph (a) .
(2) A person issued and served, in accordance with section 27(6) of the Act, with an environment protection notice that is in force, is liable to pay the relevant fee for all the actions taken by the Director or an authorized officer, during a relevant period, to ensure compliance with any conditions or restrictions contained in the notice.
(3) The person liable to pay the relevant fee under subregulation (2) is to pay that fee within 30 days after –
(a) the day on which the environment protection notice is issued and served on the person; and
(b) each 12-month anniversary of the day on which the environment protection notice is issued and served on the person.
(4) The fees prescribed under this regulation are exempt from GST.
7
When fees for LUPAA permits, orders and environment protection notices payable
7 When fees for LUPAA permits, orders and environment protection notices payable
(1) The person liable to pay the fee under regulation 4 in respect of a LUPAA permit is to pay that fee within 60 days after –
(a) the day on which the LUPAA permit is granted; and
(b) each 12-month anniversary of the day on which the LUPAA permit is granted.
(2) The person liable to pay the fee under regulation 4(2) in respect of an environment protection notice is to pay that fee within 30 days after –
(a) the day on which the environment protection notice is issued and served on the person; and
(b) each 12-month anniversary of the day on which the environment protection notice is issued and served on the person while the notice remains in force.
(a) by notice in writing provided to the person; and
(b) with effect from a day specified in the notice; and
(c) for a period specified in the notice; and
(d) with or without any conditions specified in the notice that the Board considers appropriate.
(2) The Board may vary or revoke an exemption granted under subregulation (1) if the Board considers it appropriate to do so.
(3) Within 14 days after varying or revoking an exemption, the Board is to provide notice in writing of the variation or revocation to the person granted the exemption specifying the day on which the variation or revocation takes effect.
9
Exemptions from variable fees on application of person
9 Exemptions from variable fees on application of person
(1) Not less than 12 months after the day on which a person became liable to pay a variable fee referred to in regulation 4(1)(b) , regulation 4(3) , regulation 5(1) or regulation 6(1) , the person may apply in writing to the Board for an exemption from liability to pay all or part of the variable fee.
(2) An application is to –
(a) be made not less than 90 days before the next 12-month anniversary of –
(i) the day on which the LUPAA permit to which the variable fee relates was granted or taken to have been granted; or
(iii) the day on which the environment protection notice to which the variable fee relates was served; and
(b) be in a form approved by the Board; and
(c) be accompanied by any documents that the Board considers appropriate; and
(d) contain any additional information that the Board considers appropriate.
(3) On receipt of an application, the Board may –
(a) refuse to grant the exemption; or
(b) grant the exemption with or without any conditions that the Board considers appropriate.
(4) In considering an application, the Board must consider the following matters:
(a) the measures taken by the applicant to reduce any environmental harm caused by, or likely to be caused by, the environmentally relevant activity;
(b) the applicant's history of compliance with any provision of the Act or these regulations;
(c) whether or not the applicant has substantially complied with any conditions imposed in respect of the LUPAA permit, the order or environment protection notice to which the variable fee relates;
(d) any other matter that the Board considers appropriate.
(5) Within 14 days after determining an application, the Board, by notice in writing provided to the applicant, is to notify the applicant of the following:
(a) whether it has granted or refused to grant the exemption;
(b) the day on which the exemption takes effect;
(c) the period during which the exemption has effect;
(d) the conditions, if any, that are imposed on the exemption.
(6) The Board may vary or revoke an exemption granted under subregulation (3) if the Board considers it appropriate to do so.
(7) Within 14 days after varying or revoking an exemption, the Board is to provide notice in writing of the variation or revocation to the person granted the exemption.
(8) Notice of the variation or revocation of an exemption is to specify –
(a) the details of the variation or revocation; and
(b) the day on which the variation or revocation takes effect; and
(c) for a notice of the revocation of an exemption, the period during which the person may not re-apply for the exemption to which the revocation relates.
Division 3
Determination of low-risk activity status
Division 3 Determination of low-risk activity status
10
Low-risk activities
10 Low-risk activities
(1) Not less than 12 months after the day on which a person became –
(a) responsible for a level 2 activity conducted under a LUPAA permit; or
(b) subject to an environment protection notice issued in accordance with section 27(6)(a) of the Act –
the person may apply in writing to the Board for a determination as to whether or not an environmentally relevant activity that is a level 2 activity to which the permit or notice relates is a low-risk activity.
(2) An application is to –
(a) be made not less than 90 days before the next 12-month anniversary of –
(i) the day on which the LUPAA permit to which the application relates was granted or taken to have been granted; or
(ii) the day on which the environment protection notice to which the application relates was served; and
(b) be in a form approved by the Board; and
(c) be accompanied by any documents that the Board considers appropriate; and
(d) contain any additional information that the Board considers appropriate.
(3) On receipt of an application or at its discretion, the Board may determine that an environmentally relevant activity –
(a) is a low-risk activity; or
(b) is not a low-risk activity.
(4) A determination made under subregulation (3)(a) may be made with or without any conditions that the Board considers appropriate.
(5) In making a determination, the Board may take into consideration any one or more of the following matters:
(a) whether or not the applicant has substantially complied with any conditions imposed by the Board on the LUPAA permit or environment protection notice;
(b) the size, scale, nature and character of works conducted as part of the environmentally relevant activity;
(c) whether or not emission limits or emission monitoring requirements are conditions of the LUPAA permit or environment protection notice in respect of the environmentally relevant activity;
(d) the proximity of the environmentally relevant activity to any land the use of which, in the opinion of the Board, is sensitive;
(e) any other matter that the Board considers appropriate.
(6) Within 14 days after determining whether or not the environmentally relevant activity is a low-risk activity, the Board is to notify the applicant –
(a) of its determination; and
(b) if the Board determines the activity to be a low-risk activity, of the day on which the determination takes effect.
(7) If the Board determines that an environmentally relevant activity is a low-risk activity but is later satisfied that it is no longer a low-risk activity, the Board may revoke the earlier determination.
(8) Within 14 days after revoking a determination, the Board is to provide notice in writing of the revocation to the person who is responsible for the level 2 activity conducted under the LUPAA permit or the person subject to the environment protection notice.
(9) Notice of the revocation of a determination is to specify –
(a) the day on which the revocation of the determination takes effect; and
(b) the period during which that person may not re-apply for low-risk status for the environmentally relevant activity; and
(c) the reasons for the revocation of the determination.
Part 3
Fees for Assessments
Part 3 Fees for Assessments
11
Fees for assessments
11 Fees for assessments
(1) The fee payable in respect of the assessment by the Board, under section 25A(1A) of the Act, of a permissible level 2 activity referred to the Board under section 25 of the Act is –
(a) the fee in Column 4 of Schedule 1 corresponding to that activity in Column 1 of that Schedule; and
(b) payable by the person proposing the activity to which the permit application under the Land Use Planning and Approvals Act 1993 that gave rise to the assessment relates.
(2) The fee payable in respect of the assessment by the Board, under section 25(2)(a) of the Act, of a permissible level 1 activity referred to the Board under section 24(1) of the Act is –
(a) the hourly rate or 41 322 fee units, whichever is the lesser; and
(b) payable by the person proposing the activity to which the permit application under the Land Use Planning and Approvals Act 1993 that gave rise to the assessment relates.
(3) The fee payable in respect of the assessment by the Board, under section 25(2)(a) of the Act, of a use or development that is, under section 25(1A) of the Act, not ancillary to an existing level 2 activity is –
(a) the hourly rate or 41 322 fee units, whichever is the lesser; and
(b) payable by the person proposing the activity to which the permit application under the Land Use Planning and Approvals Act 1993 that gave rise to the assessment relates.
(4) The fee payable in respect of the assessment by the Board under section 25(2)(a) of the Act, of a permissible level 2 activity referred to the Board under section 25(1) of the Act, other than a use or development that is, under section 25(1A) of the Act, on the same land as, and not ancillary to, an existing level 2 activity, is –
(a) the fee in Column 4 of Schedule 1 corresponding to that activity in Column 1 of that Schedule; and
(b) payable by the person proposing the activity to which the permit application under the Land Use Planning and Approvals Act 1993 that gave rise to the assessment relates.
(5) The fee payable in respect of the assessment by the Board, under section 25(1A) of the Act, of a permissible level 1 activity referred to the Board under section 24 of the Act is –
(a) the hourly rate or 41 322 fee units, whichever is the lesser; and
(b) payable by the person proposing the activity to which the permit application under the Land Use Planning and Approvals Act 1993 that gave rise to the assessment relates.
(6) If a notice of intent is lodged under section 27B(1) of the Act, the fee referred to in subregulation (4) is to be calculated from the day on which the notice was lodged.
(7) The fee payable in respect of the assessment by the Board under section 27(3) of the Act, of a level 2 activity referred to the Board under section 27(1) of the Act by the person proposing the activity, is the fee in Column 4 of Schedule 1 corresponding to that activity in Column 1 of that Schedule.
(8) The fee payable in respect of the assessment by the Board under section 27(3) of the Act, of an environmentally relevant activity referred to the Board under section 27(2) of the Act by the person proposing the activity, is the hourly rate or 41 322 fee units, whichever is the lesser.
(9) If, in the course of undertaking an assessment under subregulation (1) , (2) , (3) , (4) , (5) , (7) or (8) , the Board considers it necessary to consult with a person outside the Department or advertise in a newspaper circulating nationally, in addition to the fee payable under those subregulations, the Board may, by written notice provided to the person liable to pay that fee, require that person to pay the cost of any such consultation or newspaper advertisements.
(10) The fees prescribed under this regulation are exempt from GST.
12
When fees for assessments payable
12 When fees for assessments payable
(1) The person liable to pay a fee under regulation 11(1) , (2) , (3) , (4) or (5) is to pay that fee within 60 days after the day on which –
(a) the relevant LUPAA permit is granted; or
(b) the relevant LUPAA permit is not granted; or
(c) that person withdraws the application for the relevant LUPAA permit; or
(d) the Board becomes aware that the development proposal is not to be proceeded with.
(2) The person liable to pay a fee under regulation 11(7) or (8) is to pay that fee –
(a) in the case of an environment protection notice served on the person under section 27(6)(a) of the Act, within 30 days after receipt of that notice; or
(b) in the case of a notice served on the person under section 27(6)(b) of the Act, within 30 days after receipt of that notice; or
(c) in the case of the person withdrawing the referral for the relevant activity before a notice referred to in paragraph (a) or (b) is served on the person, within 30 days after the day on which he or she withdraws that referral; or
(d) in the case of a development proposal that is not to be proceeded with, within 30 days after the day on which the Board becomes aware that the development proposal is not to be proceeded with.
(3) The person liable to pay a fee under regulation 11(9) is to pay that fee within 30 days after receipt of the written notice referred to in that regulation.
Part 4
Fees for Environmental Improvement Programmes
Part 4 Fees for Environmental Improvement Programmes
13
Fees for environmental improvement programmes
13 Fees for environmental improvement programmes
(1) The fee payable, in respect of the approval under section 40 of the Act by the Board of a draft environmental improvement programme for an environmentally relevant activity, by the person who submits the draft programme for the activity to the Board, is the hourly rate or 41 322 fee units, whichever is the lesser.
(2) The fee payable, in respect of the Board ensuring that an environmental improvement programme for an environmentally relevant activity is complied with, by the person responsible for the activity, is 5 000 fee units.
(3) The fees prescribed under this regulation are exempt from GST.
14
When fees for environmental improvement programmes payable
14 When fees for environmental improvement programmes payable
(1) The person liable to pay a fee under regulation 13(1) is to pay that fee within 30 days after the approval of the environmental improvement programme by the Board under section 40 of the Act.
(2) The person liable to pay a fee under regulation 13(2) is to pay that fee within 30 days after the approval of the environmental improvement programme by the Board under section 40 of the Act, and on each anniversary of that approval while the environmental improvement programme remains in force.
Part 5
Miscellaneous Fees
Part 5 Miscellaneous Fees
15
Miscellaneous fees
15 Miscellaneous fees
(1) The fee payable by a person for a search of a register under section 22(2) of the Act is 11 fee units.
(2) The fee payable by a person for premises declared to be scheduled premises under section 22A of the repealed Act is 8 250 fee units.
(3) The fee payable by a person for submission to the Board of a report on an environmental audit under section 30 of the Act is 5 500 fee units.
(4) The fee payable by a person for the issue of a determination by the Board on a voluntary environmental audit under section 31 of the Act is 1 100 fee units.
(5) The fee payable by a person for the issue of an environment protection notice in accordance with section 44 of the Act or the amendment of an environment protection notice under section 44(5) of the Act, is –
(a) 200 fee units; and
(b) the hourly rate or 41 322 fee units, whichever is the lesser.
(6) The fee payable by a person issued with an environment protection notice in accordance with section 44 of the Act, for the assessment, inspection, or other appropriate actions, to ensure that any measures specified in the notice or any requirements imposed by the notice are complied with, is the hourly rate.
(7) The fee payable by a person under section 74N(1)(a) of the Act for the issue and service or amendment of a notice issued under section 74C of the Act is –
(a) 200 fee units; and
(b) the hourly rate or 41 322 fee units, whichever is the lesser.
(8) The fee payable by a person under section 74N(1)(d) or (e) of the Act for inspection, review or other appropriate actions, to ensure that a notice issued under section 74C of the Act is complied with is the hourly rate.
(9) Subregulation (5) and (6) do not apply to an environment protection notice –
(c) issued in accordance with section 44(2) of the Act.
(10) The fees prescribed under this regulation are exempt from GST.
16
When miscellaneous fees payable
16 When miscellaneous fees payable
(1) The person liable to pay a fee under regulation 15(1) is to pay that fee at the time of the search.
(2) The person liable to pay a fee under regulation 15(2) is to pay that fee on each anniversary of the day on which the premises were declared to be scheduled premises, while the declaration remains in force.
(3) The person liable to pay a fee under regulation 15(3) is to pay that fee within 30 days after the Board receives the environmental audit report.
(4) The person liable to pay a fee under regulation 15(4) is to pay that fee within 30 days after the Board receives the application for a determination.
(5) The person liable to pay a fee under regulation 15(5) is to pay that fee within 30 days after the issue or amendment of the environment protection notice or when required, in writing, by the Board to pay the fee.
(6) The person liable to pay a fee under regulation 15(6) is to pay the fee within 30 days after an invoice for the fee is issued or when required, in writing by the Board, to pay the fee.
(7) The person liable to pay a fee under regulation 15(7) is to pay the fee within 30 days after the issue and service, or amendment, of the notice or when required, in writing by the Board, to pay the fee.
(8) The person liable to pay a fee under regulation 15(8) is to pay the fee within 30 days after an invoice for the fee is issued or when required, in writing by the Board, to pay the fee.
Part 6
Exemptions from Fees Payable under Regulations
Part 6 Exemptions from Fees Payable under Regulations
17
Exemptions from fees payable under regulations
17 Exemptions from fees payable under regulations
(1) The Board, at its own discretion or on receipt of an application in accordance with subregulation (2) , may exempt a person or an applicant from liability to pay all or part of a fee prescribed in these regulations.
(2) An application is to –
(a) be in a form approved by the Board; and
(b) be accompanied by any documents that the Board considers appropriate; and
(c) contain any additional information that the Board considers appropriate.
(3) In determining whether or not to grant an exemption, the Board may take into consideration any matters that it considers relevant.
(4) An exemption –
(a) takes effect from a day specified by the Board; and
(b) is to be notified to the applicant; and
(c) is for a period specified by the Board; and
(d) is subject to any conditions that the Board considers appropriate.
(5) The Board may vary or revoke an exemption –
(a) if the person in respect of whom the exemption was granted fails to comply with any condition imposed on the exemption; or
(b) if the Board otherwise considers it appropriate to do so.
(6) Within 14 days after varying or revoking an exemption, the Board is to provide notice in writing of the variation or revocation to the person granted the exemption.
(7) Notice of the variation or revocation of an exemption is to specify –
(a) the details of the variation or revocation; and
(b) the day on which the variation or revocation takes effect; and
(c) for a notice of the revocation of an exemption, the period during which the person may not re-apply for the exemption.
Part 7
Guidelines
Part 7 Guidelines
18
Guidelines
18 Guidelines
(1) The Board may issue guidelines for the purpose of the administration of –
(a) exemptions from variable fees under regulation 8 ; and
(b) exemptions from variable fees under regulation 9 ; and
(c) determinations of low-risk activity status under regulation 10 ; and
(d) exemptions from fees payable under these regulations under regulation 17 .
(2) The guidelines may be made so as to apply differently according to the factors that are specified in the guidelines.
(3) The guidelines may authorise any matter to be from time to time approved, determined, applied or regulated by the Board or the Director.
(a) an offence under a provision of an Act specified in Schedule 2 is a prescribed offence; and
(b) an offence under section 53(2) of the Act constituted by conduct specified in Schedule 3 is a prescribed offence.
(2) A penalty specified in column 2 of a table in item 1, item 2 or item 3 of Schedule 2 is prescribed as the penalty payable by an individual for the relevant prescribed offence specified in column 1 of the relevant table.
(3) A penalty specified in column 3 of a table in item 1, item 2 or item 3 of Schedule 2 is prescribed as the penalty payable by a body corporate for the relevant prescribed offence specified in column 1 of the relevant table.
(4) A penalty specified in column 2 of the table in Schedule 3 is prescribed as the penalty payable by an individual for the relevant prescribed offence specified in column 1 of that table.
(5) A penalty specified in column 3 of the table in Schedule 3 is prescribed as the penalty payable by a body corporate for the relevant prescribed offence specified in column 1 of that table.
Part 9
Rescission
Part 9 Rescission
20
Legislation rescinded
20 Legislation rescinded
The legislation specified in Schedule 4 is rescinded.
SCHEDULE 1 - Annual Fees and A
SCHEDULE 1 - Annual Fees and Assessment Fees
SCHEDULE 1 - Annual Fees and A SCHEDULE 1 - Annual Fees and Assessment Fees
| | Column 1 | Column 2 | Column 3 | Column 4 |
| | Level 2 activity | Fixed fee | Variable fee | Assessment fee |
| | | (fee units) | (fee units) | (fee units/hourly rate) |
| 1. | PETROLEUM AND CHEMICAL | | | |
| | (a) Chemical Works (Processing capacity, in tonnes of raw material per year) | | | |
| | (i) Works discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 200 but not more than 1 000 | 500 | 384 | 1 200 |
| | More than 1 000 but not more than 10 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 10 000 but not more than 30 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 30 000 but not more than 100 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 100 000 but not more than 200 000 | 7 500 | 5 764 | Hourly rate or 20 661 whichever is the lesser |
| | More than 200 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Works not discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 200 but not more than 1 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 1 000 but not more than 10 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 10 000 but not more than 30 000 | 3 400 | 2 613 | Hourly rate or 4 132 whichever is the lesser |
| | More than 30 000 but not more than 100 000 | 7 500 | 5 764 | Hourly rate or 8 264 whichever is the lesser |
| | More than 100 000 but not more than 200 000 | 11 000 | 8 454 | Hourly rate or 20 661 whichever is the lesser |
| | More than 200 000 | 16 500 | 12 680 | Hourly rate or 41 322 whichever is the lesser |
| | (b) Coal-Processing Works (Processing capacity, in tonnes of product per year) | | | |
| | Not more than 1 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 1 000 but not more than 50 000 | 3 400 | 2 613 | Hourly rate or 20 661 whichever is the lesser |
| | More than 50 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (c) Oil Refineries (Processing capacity of raw material refined, produced or reprocessed, in tonnes per year) | | | |
| | (i) Works discharging all wastewater to external approved wastewater treatment works | | | |
| | Not more than 2 000 | 500 | 384 | Hourly rate or 4 132 whichever is the lesser |
| | More than 2 000 but not more than 10 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 10 000 but not more than 50 000 | 1 800 | 1 383 | Hourly rate or 8 264 whichever is the lesser |
| | More than 50 000 but not more than 200 000 | 3 400 | 2 613 | Hourly rate or 20 661 whichever is the lesser |
| | More than 200 000 but not more than 500 000 | 7 500 | 5 764 | Hourly rate or 20 661 whichever is the lesser |
| | More than 500 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Works not discharging all wastewater to external approved wastewater treatment works | | | |
| | Not more than 2 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 2 000 but not more than 10 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 10 000 but not more than 50 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 50 000 but not more than 200 000 | 7 500 | 5 764 | Hourly rate or 20 661 whichever is the lesser |
| | More than 200 000 but not more than 500 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | More than 500 000 | 16 500 | 12 680 | Hourly rate or 41 322 whichever is the lesser |
| | (d) Wood Preservation Works (Production capacity, in cubic metres of product per year) | | | |
| | Not more than 500 | 500 | 384 | Hourly rate or 4 132 whichever is the lesser |
| | More than 500 but not more than 5 000 | 1 000 | 769 | Hourly rate or 8 264 whichever is the lesser |
| | More than 5 000 but not more than 10 000 | 1 800 | 1 383 | Hourly rate or 20 661 whichever is the lesser |
| | More than 10 000 | 3 400 | 2 613 | Hourly rate or 41 322 whichever is the lesser |
| 2. | MANUFACTURING AND MINERAL PROCESSING | | | |
| | (a) Cement Works(Production capacity, in tonnes of product per year) | | | |
| | Not more than 50 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 50 000 but not more than 250 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 250 000 but not more than 750 000 | 7 500 | 5 764 | Hourly rate or 20 661 whichever is the lesser |
| | More than 750 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (b) Ceramic Works(Production capacity, in tonnes of product per year) | | | |
| | More than or equal to 200 but not more than 1 000 | 500 | 384 | 750 |
| | More than 1 000 but not more than 10 000 | 1 000 | 769 | 900 |
| | More than 10 000 but not more than 50 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 50 000 but not more than 200 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 200 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (c) Ferrous and Non-ferrous Metal Melting (Capacity to melt metal, in kg per working day of 8 hours) | | | |
| | (i) Works discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 500 but not more than 2 000 | 250 | 192 | 750 |
| | More than 2 000 but not more than 4 000 | 500 | 384 | 900 |
| | More than 4 000 but not more than 8 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 8 000 but not more than 20 000 | 1 800 | 1 383 | Hourly rate or 8 264 whichever is the lesser |
| | More than 20 000 but not more than 60 000 | 3 400 | 2 613 | Hourly rate or 20 661 whichever is the lesser |
| | More than 60 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Works not discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 500 but not more than 2 000 | 500 | 384 | 750 |
| | More than 2 000 but not more than 4 000 | 1 000 | 769 | 900 |
| | More than 4 000 but not more than 8 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 8 000 but not more than 20 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 20 000 but not more than 60 000 | 7 500 | 5 764 | Hourly rate or 20 661 whichever is the lesser |
| | More than 60 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (d) Metallurgical Works(Processing capacity, in tonnes of raw material per year) | | | |
| | Not more than 500 | 500 | 384 | 750 |
| | More than 500 but not more than 1 000 | 1 000 | 769 | 900 |
| | More than 1 000 but not more than 5 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 5 000 but not more than 20 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 20 000 but not more than 75 000 | 7 500 | 5 764 | Hourly rate or 8 264 whichever is the lesser |
| | More than 75 000 but not more than 125 000 | 11 000 | 8 454 | Hourly rate or 20 661 whichever is the lesser |
| | More than 125 000 | 16 500 | 12 680 | Hourly rate or 41 322 whichever is the lesser |
| | (e) Mineral Works(Processing capacity, in tonnes of raw material per year) | | | |
| | More than or equal to 1 000 but not more than 5 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 5 000 but not more than 10 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 10 000 but not more than 25 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 25 000 but not more than 75 000 | 7 500 | 5 764 | Hourly rate or 8 264 whichever is the lesser |
| | More than 75 000 but not more than 250 000 | 11 000 | 8 454 | Hourly rate or 20 661 whichever is the lesser |
| | More than 250 000 | 16 500 | 12 680 | Hourly rate or 41 322 whichever is the lesser |
| | (f) Pulp and Paper Works (Processing capacity, in tonnes of raw material per year) | | | |
| | Not more than 5 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 5 000 but not more than 10 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 10 000 but not more than 25 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 25 000 but not more than 75 000 | 7 500 | 5 764 | Hourly rate or 8 264 whichever is the lesser |
| | More than 75 000 but not more than 150 000 | 11 000 | 8 454 | Hourly rate or 20 661 whichever is the lesser |
| | More than 150 000 but not more than 500 000 | 16 500 | 12 680 | Hourly rate or 41 322 whichever is the lesser |
| | More than 500 000 | 41 322 | 31 770 | Hourly rate or 41 322 whichever is the lesser |
| | (g) Wood-Processing Works (Processing capacity, in cubic metres of product per year) | | | |
| | More than or equal to 1 000 but not more than 5 000 | 500 | 384 | 750 |
| | More than 5 000 but not more than 15 000 | 1 000 | 769 | 900 |
| | More than 15 000 but not more than 30 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 30 000 but not more than 50 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 50 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (h) Textile Bleaching and Dyeing Factories (Capacity to consume water, in kL per working day of 8 hours) | | | |
| | (i) Works discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 100 but not more than 200 | 500 | 384 | 750 |
| | More than 200 but not more than 500 | 1 000 | 769 | 900 |
| | More than 500 but not more than 3 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 3 000 | 3 400 | 2 613 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Works not discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 100 but not more than 200 | 1 000 | 769 | 750 |
| | More than 200 but not more than 500 | 1 800 | 1 383 | 900 |
| | More than 500 but not more than 3 000 | 3 400 | 2 613 | Hourly rate or 4 132 whichever is the lesser |
| | More than 3 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (i) Woodchip Mills (Processing capacity, in tonnes of product per year) | | | |
| | More than or equal to 1 000 but not more than 25 000 | 1 000 | 769 | 1 200 |
| | More than 25 000 but not more than 100 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 100 000 but not more than 500 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 500 000 but not more than 1 000 000 | 7 500 | 5 764 | Hourly rate or 20 661 whichever is the lesser |
| | More than 1 000 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| 3. | WASTE TREATMENT AND DISPOSAL | | | |
| | (a) Wastewater Treatment Works (Capacity to treat an average dry-weather flow of sewage or wastewater, in kL per day) | | | |
| | More than or equal to 100 but not more than 200 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 200 but not more than 500 | 1 800 | 1 383 | Hourly rate or 8 264 whichever is the lesser |
| | More than 500 but not more than 10 000 | 3 400 | 2 613 | Hourly rate or 20 661 whichever is the lesser |
| | More than 10 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (b) Waste Depots (Capacity to receive waste, not including materials for recycling, in tonnes of waste per year) | | | |
| | (i) Inert waste depots | | | |
| | More than or equal to 100 but not more than 500 | 500 | 192 | 750 |
| | More than 500 but not more than 2 500 | 500 | 192 | 900 |
| | More than 2 500 but not more than 10 000 | 900 | 692 | Hourly rate or 4 132 whichever is the lesser |
| | More than 10 000 but not more than 25 000 | 1 700 | 1 306 | Hourly rate or 4 132 whichever is the lesser |
| | More than 25 000 but not more than 50 000 | 3 750 | 2 882 | Hourly rate or 4 132 whichever is the lesser |
| | More than 50 000 | 5 500 | 4 227 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Other waste depots | | | |
| | More than or equal to 100 but not more than 500 | 500 | 384 | 1 200 |
| | More than 500 but not more than 2 500 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 2 500 but not more than 10 000 | 1 800 | 1 383 | Hourly rate or 8 264 whichever is the lesser |
| | More than 10 000 but not more than 25 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 25 000 but not more than 50 000 | 7 500 | 5 764 | Hourly rate or 20 661 whichever is the lesser |
| | More than 50 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (c) Resource Recovery: the conduct of works for – | | | |
| | (i) Production of compost or mushroom substrate (Production capacity, in tonnes of product per year) | | | |
| | More than or equal to 100 but not more than 500 | 500 | 384 | 1 200 |
| | More than 500 but not more than 2 500 | 750 | 576 | Hourly rate or 4 132 whichever is the lesser |
| | More than 2 500 but not more than 10 000 | 1 350 | 1 038 | Hourly rate or 8 264 whichever is the lesser |
| | More than 10 000 but not more than 25 000 | 2 550 | 1 959 | Hourly rate or 8 264 whichever is the lesser |
| | More than 25 000 but not more than 50 000 | 5 625 | 4 323 | Hourly rate or 20 661 whichever is the lesser |
| | More than 50 000 | 8 250 | 6 340 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Application to land of Class 2 or Class 3 biosolids, within the meaning of the Tasmanian Biosolids Reuse Guidelines 1999, as amended from time to time (Application capacity, in wet tonnes per hectare every 3 years) | | | |
| | More than 50 wet tonnes per hectare every 3 years | 250 | 192 | Hourly rate or 41 322 whichever is the lesser |
| | (iii) Application to land of Class 2 or Class 3 biosolids, within the meaning of the Tasmanian Biosolids Reuse Guidelines 1999, as amended from time to time (Nitrogen Limited Application Rate) | | | |
| | More than 50% of the Nitrogen Limited Application Rate every 3 years | 250 | 192 | Hourly rate or 41 322 whichever is the lesser |
| | (iv) Anaerobic digesters (Production capacity of solid or liquid fertilizer product, in tonnes of product per year) | | | |
| | More than or equal to 100 but not more than 500 | 500 | 384 | 1 200 |
| | More than 500 but not more than 2 500 | 750 | 576 | Hourly rate or 4 132 whichever is the lesser |
| | More than 2 500 but not more than 10 000 | 1 350 | 1 038 | Hourly rate or 8 264 whichever is the lesser |
| | More than 10 000 but not more than 25 000 | 2 550 | 1 959 | Hourly rate or 8 264 whichever is the lesser |
| | More than 25 000 but not more than 50 000 | 5 625 | 4 323 | Hourly rate or 20 661 whichever is the lesser |
| | More than 50 000 | 8 250 | 6 340 | Hourly rate or 41 322 whichever is the lesser |
| 4. | FOOD PRODUCTION AND ANIMAL AND PLANT PROCESSING | | | |
| | (a) Abattoirs or Slaughterhouses (Production capacity, in tonnes of product per year) | | | |
| | (i) Meat premises discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 100 but not more than 500 | 250 | 192 | 750 |
| | More than 500 but not more than 2 000 | 500 | 384 | 900 |
| | More than 2 000 but not more than 5 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 5 000 but not more than 10 000 | 1 800 | 1 383 | Hourly rate or 8 264 whichever is the lesser |
| | More than 10 000 | 3 400 | 2 613 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Meat premises not discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 100 but not more than 500 | 500 | 384 | 750 |
| | More than 500 but not more than 2 000 | 1 000 | 769 | 1 200 |
| | More than 2 000 but not more than 5 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 5 000 but not more than 10 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 10 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (b) Breweries and Distilleries (Capacity to consume water, in kL per working day of 8 hours) | | | |
| | (i) Works discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 100 but not more than 200 | 1 000 | 769 | 1 200 |
| | More than 200 but not more than 500 | 1 800 | 1 383 | Hourly rate or 8 264 whichever is the lesser |
| | More than 500 | 3 400 | 2 613 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Works not discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 100 but not more than 200 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 200 but not more than 500 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 500 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (c) Fish Processing Works(Processing capacity, in tonnes of product per year) | | | |
| | (i) Works discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 100 but not more than 500 | 250 | 192 | 750 |
| | More than 500 but not more than 2 000 | 500 | 384 | 900 |
| | More than 2 000 but not more than 5 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 5 000 but not more than 10 000 | 1 800 | 1 383 | Hourly rate or 8 264 whichever is the lesser |
| | More than 10 000 | 3 400 | 2 613 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Works not discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 100 but not more than 500 | 500 | 384 | 750 |
| | More than 500 but not more than 2 000 | 1 000 | 769 | 1 200 |
| | More than 2 000 but not more than 5 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 5 000 but not more than 10 000 | 3 400 | 2 613 | Hourly rate or 4 132 whichever is the lesser |
| | More than 10 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (d) Milk-Processing Works (Processing capacity, in kL of whole milk, skim milk or cream per working day of 8 hours) | | | |
| | (i) Works discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 3 but not more than 12 | 250 | 192 | 750 |
| | More than 12 but not more than 40 | 500 | 384 | 900 |
| | More than 40 but not more than 120 | 1 000 | 769 | 1 200 |
| | More than 120 but not more than 500 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 500 but not more than 1 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 1 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Works not discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 3 but not more than 12 | 500 | 384 | 750 |
| | More than 12 but not more than 40 | 1 000 | 769 | 1 200 |
| | More than 40 but not more than 120 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 120 but not more than 500 | 3 400 | 2 613 | Hourly rate or 4 132 whichever is the lesser |
| | More than 500 but not more than 1 000 | 7 500 | 5 764 | Hourly rate or 8 264 whichever is the lesser |
| | More than 1 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (e) Produce-Processing Works (Processing capacity, in kg of product per hour) | | | |
| | (i) Works discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 50 but not more than 200 | 500 | 384 | 750 |
| | More than 200 but not more than 1 000 | 1 000 | 769 | 1 200 |
| | More than 1 000 but not more than 5 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 5 000 but not more than 15 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 15 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Works not discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 50 but not more than 200 | 1 000 | 769 | 900 |
| | More than 200 but not more than 1 000 | 1 800 | 1 383 | 1 200 |
| | More than 1 000 but not more than 5 000 | 3 400 | 2 613 | Hourly rate or 4 132 whichever is the lesser |
| | More than 5 000 but not more than 15 000 | 7 500 | 5 764 | Hourly rate or 8 264 whichever is the lesser |
| | More than 15 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (f) Rendering or Fat-Extraction Works (Processing capacity of product, in kg per hour or kg per batch) | | | |
| | (i) Works discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 50 but not more than 100 | 500 | 384 | 900 |
| | More than 100 but not more than 500 | 1 000 | 769 | 1 200 |
| | More than 500 but not more than 1 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 1 000 but not more than 5 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 5 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Works not discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 50 but not more than 100 | 1 000 | 769 | 1 200 |
| | More than 100 but not more than 500 | 1 800 | 1 383 | 1 200 |
| | More than 500 but not more than 1 000 | 3 400 | 2 613 | Hourly rate or 4 132 whichever is the lesser |
| | More than 1 000 but not more than 5 000 | 7 500 | 5 764 | Hourly rate or 8 264 whichever is the lesser |
| | More than 5 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (g) Wool Scourers, Tanneries or Fellmongeries (Processing capacity, in tonnes of product per year) | | | |
| | (i) Works discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 100 but not more than 200 | 1 000 | 769 | 1 200 |
| | More than 200 but not more than 1 000 | 1 800 | 1 383 | Hourly rate or 8 264 whichever is the lesser |
| | More than 1 000 | 3 400 | 2 613 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Works not discharging all wastewater to external approved wastewater treatment works | | | |
| | More than or equal to 100 but not more than 200 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 200 but not more than 1 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 1 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| 5. | EXTRACTIVE INDUSTRIES | | | |
| | (a) Quarries (Production capacity, in cubic metres of product per year) | | | |
| | More than or equal to 5 000 but not more than 10 000 | 500 | 384 | 750 |
| | More than 10 000 but not more than 20 000 | 1 000 | 769 | 900 |
| | More than 20 000 but not more than 75 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 75 000 but not more than 250 000 | 3 400 | 2 613 | Hourly rate or 4 132 whichever is the lesser |
| | More than 250 000 but not more than 500 000 | 7 500 | 5 764 | Hourly rate or 8 264 whichever is the lesser |
| | More than 500 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (b) Extractive Pits (Production capacity, in cubic metres of product per year) | | | |
| | More than or equal to 5 000 but not more than 10 000 | 500 | 384 | 750 |
| | More than 10 000 but not more than 20 000 | 1 000 | 769 | 900 |
| | More than 20 000 but not more than 75 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 75 000 but not more than 250 000 | 3 400 | 2 613 | Hourly rate or 4 132 whichever is the lesser |
| | More than 250 000 but not more than 500 000 | 7 500 | 5 764 | Hourly rate or 8 264 whichever is the lesser |
| | More than 500 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (c) Mines (Production capacity, in tonnes of minerals per year) | | | |
| | More than or equal to 1 000 but not more than 2 000 | 500 | 384 | Hourly rate or 4 132 whichever is the lesser |
| | More than 2 000 but not more than 10 000 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 10 000 but not more than 25 000 | 1 800 | 1 383 | Hourly rate or 8 264 whichever is the lesser |
| | More than 25 000 but not more than 75 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 75 000 but not more than 250 000 | 7 500 | 5 764 | Hourly rate or 20 661 whichever is the lesser |
| | More than 250 000 but not more than 500 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | More than 500 000 | 16 500 | 12 680 | Hourly rate or 41 322 whichever is the lesser |
| 6. | MATERIALS HANDLING | | | |
| | (a) Crushing, Grinding or Milling | | | |
| | (i) Processing capacity of chemicals or rubber, in tonnes per year | | | |
| | More than or equal to 200 but not more than 1 000 | 500 | 384 | 750 |
| | More than 1 000 but not more than 5 000 | 1 000 | 769 | 1 200 |
| | More than 5 000 but not more than 20 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 20 000 but not more than 50 000 | 3 400 | 2 613 | Hourly rate or 4 132 whichever is the lesser |
| | More than 50 000 but not more than 200 000 | 7 500 | 5 764 | Hourly rate or 8 264 whichever is the lesser |
| | More than 200 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (ii) Processing capacity of rocks, ores or minerals, in cubic metres per year | | | |
| | More than or equal to 1 000 but not more than 2 500 | 500 | 384 | 750 |
| | More than 2 500 but not more than 5 000 | 1 000 | 769 | 1 200 |
| | More than 5 000 but not more than 20 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 20 000 but not more than 50 000 | 3 400 | 2 613 | Hourly rate or 4 132 whichever is the lesser |
| | More than 50 000 but not more than 200 000 | 7 500 | 5 764 | Hourly rate or 8 264 whichever is the lesser |
| | More than 200 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (b) Coal Handling and Washing (Capacity to handle or wash, in tonnes per day) | | | |
| | More than or equal to 100 but not more than 500 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 500 but not more than 1 000 | 1 800 | 1 383 | Hourly rate or 4 132 whichever is the lesser |
| | More than 1 000 but not more than 2 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 2 000 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| 7. | OTHER | | | |
| | (a) Fuel Burning (Capacity to consume fuel, in tonnes per hour) | | | |
| | More than or equal to 1 but not more than 5 | 1 000 | 769 | 750 |
| | More than 5 but not more than 25 | 1 800 | 1 383 | 1 200 |
| | More than 25 but not more than 50 | 3 400 | 2 613 | Hourly rate or 4 132 whichever is the lesser |
| | More than 50 | 7 500 | 5 764 | Hourly rate or 41 322 whichever is the lesser |
| | (b) Pre-mix Bitumen Plants (Production capacity, in tonnes of material per year) | | | |
| | More than or equal to 1 000 but not more than 5 000 | 500 | 384 | 750 |
| | More than 5 000 but not more than 10 000 | 1 000 | 769 | 900 |
| | More than 10 000 but not more than 50 000 | 1 800 | 1 383 | 1 200 |
| | More than 50 000 | 3 400 | 2 613 | Hourly rate or 41 322 whichever is the lesser |
| | (c) Dumping of dredge spoil in waters within the limits of the State (Design capacity or maximum quantity to be dumped, in tonnes per year) | | | |
| | Less than or equal to 500 | 500 | 384 | 1 200 |
| | More than 500 but not more than 2 500 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 2 500 but not more than 10 000 | 1 800 | 1 383 | Hourly rate or 8 264 whichever is the lesser |
| | More than 10 000 but not more than 25 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 25 000 but not more than 50 000 | 7 500 | 5 764 | Hourly rate or 20 661 whichever is the lesser |
| | More than 50 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (d) Dumping or sinking of boats, aircraft, platforms or other man-made structures in waters within the limits of the State or placement of artificial reefs in waters within the limits of the State (Weight of dumped, sunk or placed item, in tonnes) | | | |
| | Less than or equal to 500 | 500 | 384 | 1 200 |
| | More than 500 but not more than 2 500 | 1 000 | 769 | Hourly rate or 4 132 whichever is the lesser |
| | More than 2 500 but not more than 10 000 | 1 800 | 1 383 | Hourly rate or 8 264 whichever is the lesser |
| | More than 10 000 but not more than 25 000 | 3 400 | 2 613 | Hourly rate or 8 264 whichever is the lesser |
| | More than 25 000 but not more than 50 000 | 7 500 | 5 764 | Hourly rate or 20 661 whichever is the lesser |
| | More than 50 000 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | (e) Wind Energy Facilities (Generating capacity, in megawatts) | | | |
| | More than or equal to 30 but not more than 200 | 11 000 | 8 454 | Hourly rate or 41 322 whichever is the lesser |
| | More than 200 | 16 500 | 12 680 | Hourly rate or 41 322 whichever is the lesser |
SCHEDULE 3 - Offences under Section 53(2) of Environmental Management and Pollution Control Act 1994 Constituted by Specified Conduct
SCHEDULE 3 - Offences under Se SCHEDULE 3 - Offences under Section 53(2) of Environmental Management and Pollution Control Act 1994 Constituted by Specified Conduct
| | Column 1 | Column 2 | Column 3 |
| | Type of conduct | Penalty – individual | Penalty – body corporate |
| | | (penalty units) | (penalty units) |
| 1. | Unlawfully causing an environmental nuisance by the emission or discharge from – | | |
| | (a) residential premises of a pollutant in water, wastewater or any other form of liquid; or | 2 | 4 |
| | (b) any premises or place, other than residential premises, of a pollutant in water, wastewater or any other form of liquid; or | 5 | 10 |
| | (c) residential premises of a solid, liquid or gaseous pollutant, including offensive odours, into the atmosphere; or | 2 | 4 |
| | (d) any premises or place, other than residential premises, of a solid, liquid or gaseous pollutant, including offensive odours, into the atmosphere; or | 5 | 10 |
| | (e) residential premises of noise which is unreasonable having regard to – | 2 | 4 |
| | (i) its volume, intensity or duration; and | | |
| | (ii) the time, place and other circumstances in which it is emitted; and | | |
| | (iii) whether it is, or is likely to be, audible in a habitable room of any other residential premises; or | | |
| | (f) any premises or place, other than residential premises, of noise which is unreasonable having regard to – | 5 | 10 |
| | (i) its volume, intensity or duration; and | | |
| | (ii) the time, place and other circumstances in which it is emitted; or | | |
| | (g) residential premises of a pollutant in the form of energy, other than noise, including radioactivity and electromagnetic radiation; or | 2 | 4 |
| | (h) any premises or place, other than residential premises, of a pollutant in the form of energy, other than noise, including radioactivity and electromagnetic radiation; or | 5 | 10 |
| | (i) residential premises of a pollutant which comprises solid material; or | 2 | 4 |
| | (j) any premises or place, other than residential premises, of a pollutant which comprises solid material; or | 5 | 10 |
| | (k) any vehicle of a pollutant, other than noise, including solids, liquids and gases; or | 2 | 4 |
| | (l) any vehicle, not on a public street, of noise. | 2 | 4 |
| 2. | Unlawfully causing an environmental nuisance by the deposit of a solid or liquid pollutant in or on – | | |
| | (a) residential premises; or | 2 | 4 |
| | (b) any premises or place other than residential premises. | 5 | 10 |
| 3. | Unlawfully causing an environmental nuisance by the disturbance of a solid, liquid or gaseous pollutant in or on – | | |
| | (a) residential premises; or | 2 | 4 |
| | (b) any premises or place other than residential premises. | 5 | 10 |
These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Environmental Management and Pollution Control (General) Regulations 2017 .
2 Commencement
2 Commencement
These regulations take effect on the seventh day after the day on which their making is notified in the Gazette.
3 Interpretation
3 Interpretation
In these regulations, unless the contrary intention appears –
Act means the Environmental Management and Pollution Control Act 1994 ;
approved, in relation to a level 2 activity specified in Schedule 1 , means one of the following is in force in respect of the activity:
(a) a LUPAA permit;
(b) an order in accordance with section 26 of theState Policies and Projects Act 1993 ;
(c) an environment protection notice in accordance with section 27 or section 44 of the Act;
(d) an environmental approval, as defined in the Environmental Management and Pollution Control (Waste Management) Regulations 2010 ;
capacity, in relation to a level 2 activity specified in Schedule 1 , means the maximum capacity for processing, production, melting, consumption, application, treatment, receipt, handling, washing or generation that is specified in relation to the level 2 activity in –
(a) a LUPAA permit; or
(b) an order made in accordance with section 26 of theState Policies and Projects Act 1993 ; or
(c) an environment protection notice issued, or caused to be issued, by the Director in accordance with or of the Act; or
Provides a process for applicants or permit-holders to apply for a determination that a level 2 activity is a low-risk activity; a declared low-risk activity attracts a flat, reduced fee (regulations 10 and 4(2)).
Permits the Board to issue guidelines to administer exemptions and low-risk determinations and to delegate recurring approvals to the Board or Director (regulation 18).
Prescribes offences (for the purposes of section 72 of the Act) and sets monetary penalties (in penalty units) by reference to specified provisions of the Act and other Acts; Schedules 2 and 3 list those offences and the penalty units for individuals and bodies corporate (regulation 19, Schedules 2 and 3).
Rescinds the earlier Environmental Management and Pollution Control (General Fees) Regulations 2007 (regulation 20 and Schedule 4).
The instrument is constructed around Schedule 1 tables that map types of level 2 activity, capacity bands and the corresponding fixed fees, variable fees and assessment fees. It tightly couples fee obligations to statutory instruments that specify capacity or approval (for example, a LUPAA permit, an order under the State Policies and Projects Act, an environment protection notice or an environmental approval as defined in other regulations) by using the statutory term capacity and by cross-reference to the other Acts (see definition of capacity at section 3).
The regulations also set transactional rules for when fees become payable (regulations 7, 12, 14 and 16), require payment of costs for specific Board actions (for example, consultation and newspaper advertising related to an assessment, regulation 11(9)), and set procedural time windows for applications for exemptions and low-risk determinations (regulations 9(1)-(2) and 10(1)-(2)). Notices of grant, variation or revocation of exemptions and determinations must be given in writing and, in several cases, within defined timeframes (for example, 14 days for variations or revocations in regulations 8(3), 9(6) and 17(6)).
The legal architecture therefore converts statutory regulatory interventions (permits, notices, orders and assessments) into a calibrated fee regime, with discrete categories (fixed, variable, hourly-rate-capped assessments), administrative discretion for relief, and prescribed penalties for specific environmental offences.
Main concepts
The regulations rely on a small set of definitions and payment mechanics to operationalise the fee and administrative regime. Key conceptual elements in the text are:
Act and cross-references: The term Act means the Environmental Management and Pollution Control Act 1994 (s 3). The regulations repeatedly cross‑refer to statutory instruments under that Act and to instruments under other statutes such as the Land Use Planning and Approvals Act 1993 and the State Policies and Projects Act 1993 (see definitions of approved and LUPAA permit in s 3).
Approved and capacity: For level 2 activities, the term approved denotes the existence of one of the enumerated approvals in respect of the activity: a LUPAA permit, an order under section 26 of the State Policies and Projects Act 1993, an environment protection notice under section 27 or 44 of the Act, or an environmental approval as defined in the Waste Management Regulations (s 3). Capacity for a level 2 activity is tied directly to what those instruments specify , that is, maximum processing, production, treatment or generation capacities are those specified in the relevant permit, order, notice or approval (s 3). This means fee banding is linked to the capacity figure recorded in the controlling statutory instrument, not an independent measurement in the regulations themselves.
Fee structure elements: Fees in the regulations generally take three forms: fixed annual fees (Column 2 of Schedule 1), variable annual fees (Column 3 of Schedule 1), and assessment fees (Column 4 of Schedule 1 or an hourly-rate alternative in particular cases) (regulation 4 and Schedule 1; regulation 11). The annual fee payable for a non low-risk level 2 activity under a LUPAA permit is the total of the fixed fee plus the variable fee (regulation 4(1)). A low-risk level 2 activity attracts a single flat fee of 250 fee units if conducted under one LUPAA permit or one environment protection notice (regulation 4(2)).
Hourly rate: The regulations define hourly rate in s 3: it equals 75 fee units for each hour or part of an hour that the Board or Director spends on a matter to which a prescribed fee relates. The hourly rate is used in several places as the charging method for assessments or compliance actions, and is also used as an upper or lower bound by comparison with specified fee-unit caps (regulation 11, Schedule 1, regulation 15).
Fee units and GST: The regulations express amounts in fee units. The text repeatedly states that prescribed fees in specific regulations are exempt from GST (for example, regulations 4(4), 5(2), 6(4), 11(10), 13(3), 15(10)). The regulations do not set the monetary value of a single fee unit; that value is governed elsewhere in the relevant fee unit instrument.
Exemptions and discretionary relief: The Board has broad powers to exempt a person from all or part of a variable fee at its own discretion by written notice (regulation 8). A person can apply for an exemption after 12 months of liability, but must comply with timing and content rules (regulation 9). Regulation 17 provides a parallel and broader power for exemption from any fee in the regulations, either on the Board’s own motion or on application. Exemptions can be granted with conditions and for specified periods and can be varied or revoked, with written notice obligations and time limits for notice (regulations 8, 9, 17).
Low-risk activity determination: A person responsible for a level 2 activity under a LUPAA permit, or subject to an environment protection notice, may apply not less than 12 months after becoming responsible to have the activity declared low-risk by the Board (regulation 10). The Board may itself make determinations without application and may impose conditions (regulation 10(3)-(4)). The Board is required to consider a specified non‑exhaustive list of matters, including compliance history, size and scale of works, presence of emission limits or monitoring requirements, and proximity to sensitive land (regulation 10(5)).
Timeframes and payments: The regulations set specific payment windows for different fee types: 60 days for most LUPAA-related fees (regulations 7(1) and 7(3)); 30 days for fees linked to environment protection notices, audits and many miscellaneous items (regulations 7(2), 12(2), 14, 16 and 15). Assessment fees are payable even if the permit is not granted, withdrawn or the Board becomes aware the proposal will not proceed, as specified in regulation 12(1).
Enforcement mapping: For the purpose of issuing environmental infringement notices under section 72 of the Act, the regulations specify which offences are prescribed by listing them and the penalties in Schedules 2 and 3 (regulation 19).
The regime therefore converts attributes of regulated activities recorded in primary statutory instruments into fee entitlements and administrative obligations, with the Board holding discretion to moderate fee liability subject to specified procedural constraints.
Who it affects
The regulations create obligations and rights that fall primarily on several identifiable groups. The text itself defines who is “the person liable” or the person required to act in each provision:
Persons responsible for level 2 activities conducted under a LUPAA permit: They are the principal payers of annual fees for level 2 activities that are not low-risk. Regulation 4(1) expressly places the fee payable in respect of a LUPAA permit on “the person responsible for a level 2 activity” conducted under that permit. This group must calculate and pay fixed and variable fee components in accordance with Schedule 1 and the capacity specified in the permit (s 3 definition of capacity; regulation 4).
Persons responsible for level 2 activities subject to environment protection notices: A person who is issued and served with an environment protection notice under section 27(6) of the Act becomes liable for the relevant fees (regulation 6(2)); payment windows differ from LUPAA fees (regulation 7(2)).
Applicants or proponents of development proposals: The person proposing an activity that is referred to the Board for assessment under sections 24, 25, 25A and 27 of the Act is liable to pay the assessment fee prescribed in regulation 11. The fee is payable by the applicant or proponent even if the permit is not granted (regulation 12(1)). For permissible level 1 activities or certain referrals, the assessment fee may be an hourly-rate charge or a fixed fee-unit cap (regulation 11(2), (5)).
Persons submitting environmental improvement programmes, environmental audit reports, or applications for determinations and voluntary audits: These persons are charged specific fees under Part 4 and Part 5 , for example, the fee for submission of an environmental audit report is 5 500 fee units (regulation 15(3)), and the fee for submission of a draft environmental improvement programme is the hourly rate or 41 322 fee units, whichever is the lesser (regulation 13(1)).
Persons subject to notices issued under sections 44 and 74C of the Act and notices under section 74N: The regulations prescribe fees for issue, service and compliance actions related to these notices and for inspections conducted to ensure compliance (regulation 15(5)-(8)).
Any person who seeks an exemption from a fee or a low-risk determination: The regulations give these persons a right to apply and prescribes timing, content and procedural requirements (regulations 8, 9, 10 and 17). Applicants must use forms approved by the Board and provide supporting documents the Board requires (regulations 9(2), 10(2), 17(2)).
Individuals and bodies corporate who commit prescribed offences: Schedule 2 and Schedule 3 set out prescribed offences for the purpose of environmental infringement notices. Those who commit the listed conduct are liable to the penalty units shown for individuals and corporations (regulation 19 and Schedules 2 and 3).
The Board and the Director: The Board and Director are addressees of duties and powers. The Board administers exemptions and low-risk determinations, issues guidelines, and performs assessments; the Director conducts actions to ensure compliance with environment protection notices and may incur cost recovery actions against notice recipients (regulations 6, 8, 9, 10, 11, 17, 18).
Owners or operators of premises declared scheduled premises under the repealed Act and waste facility operators: Regulation 15(2) refers to fees payable in respect of premises declared to be scheduled premises under the repealed Act; Schedule 1 lists fee bands for a wide range of waste treatment, resource recovery, and waste depot activities, affecting waste industry operators.
Who pays is therefore a function of statutory status: permit-holder or person responsible for an activity under a permit or notice; the proponent of a referred development; the person submitting particular statutory materials; and persons who are issued with specified notices. The Board, in contrast, decides on exemptions, low-risk classifications and guidelines, and may require additional payments to cover consultation and advertising costs for assessments (regulation 11(9)).
Key duties and rights
The regulations allocate specific duties to the persons identified above and create procedural rights to apply for relief or reclassification. The principal duties and rights, with the governing provisions, are:
Duties to pay fees and timing
Annual LUPAA permit fees: A person responsible for a level 2 activity that is not low-risk must pay the sum of the fixed fee and variable fee in Schedule 1 (regulation 4(1)). That fee is payable within 60 days after the day on which the LUPAA permit is granted and on each 12-month anniversary thereafter (regulation 7(1)).
Low-risk activity fee: If the Board determines an activity is low-risk then the fee is 250 fee units for a single permit or notice and must be paid within the relevant due dates (regulation 4(2); regulation 7 sets timing rules for LUPAA grants and environment protection notices).
Assessment fees: Applicants referred to the Board for assessment under sections 24, 25, 25A or 27 must pay the assessment fee prescribed in regulation 11. Regulation 12(1) requires payment within 60 days after the day on which the relevant LUPAA permit is granted, not granted, is withdrawn or the Board becomes aware the proposal will not proceed.
Fees linked to environment protection notices: Persons issued with environment protection notices are liable to pay the relevant fee for all actions taken by the Director or an authorised officer during each 12-month relevant period to secure compliance with the notice (regulation 6(2)-(3)). Payments are due within 30 days after issue/serving and on each 12-month anniversary while the notice remains in force (regulation 6(3); 7(2)).
Miscellaneous and compliance fees: Fees for searches, scheduled premises declarations, audits, voluntary audit determinations, issue or amendment of notices under sections 44 and 74C, and inspections/reviews are set out in regulation 15; payment windows are specified in regulation 16.
Rights to apply and procedural protections
Right to apply for exemption from variable fees: After 12 months of liability, a person may apply to the Board to be exempted from all or part of a variable fee (regulation 9(1)). Applications must be made at least 90 days before the next 12‑month anniversary, be in a Board-approved form and accompanied by documents the Board requires (regulation 9(2)). The Board must notify the applicant within 14 days of determination and may grant the exemption with conditions or refuse (regulation 9(3)-(5)).
Board discretion to grant or vary exemptions: The Board may, at its discretion, grant exemptions without application (regulation 8(1)). Exemptions can be varied or revoked by the Board with written notice and must specify effective dates and terms (regulations 8(2)-(3), 9(6)-(7), 17(4)-(6)).
Right to apply for low-risk determination: A person responsible for a level 2 activity under a LUPAA permit or subject to an environment protection notice may apply after 12 months to have the Board determine whether the activity is low-risk (regulation 10(1)-(2)). The Board may also act on its own motion. When making a determination it may impose conditions and must consider matters set out in regulation 10(5). The Board must notify applicants of determinations within 14 days (regulation 10(6)).
Procedural form requirements: Applications for exemptions and low-risk determinations must be in a Board-approved form and include supporting documentation (regulations 9(2), 10(2), 17(2)). Exemption notices and revocations must be in writing and contain specified information (regulation 8(1)(a)-(d), 9(5)(a)-(d), 17(4)(a)-(d)).
Guidelines and delegation: The Board may issue guidelines for administration of exemptions and low-risk determinations and may authorise matters to be approved, applied or regulated from time to time by the Board or the Director (regulation 18(1)-(3)). Guidelines may apply differently depending on specified factors (regulation 18(2)).
Other operational duties
Cost recovery for consultations and advertising: If the Board deems it necessary to consult externally or advertise nationally when conducting an assessment, it may require the person liable to pay the assessment fee to also pay those additional costs by written notice (regulation 11(9)).
Notifications and revocation windows: Where the Board varies or revokes an exemption it must provide written notice within 14 days and, where revoking an exemption the notice must specify the period during which the person may not reapply (regulation 9(6)-(7); regulation 17(5)-(6)).
These duties and rights map payment obligations to statutory moments (grant, issue, service, anniversaries) and give affected persons procedural avenues to seek relief or reclassification, while granting the Board broad discretion to manage the fee regime and recover costs for Board‑initiated actions.
Penalties and enforcement
The regulations implement enforcement elements in two distinct ways: they prescribe which offences are classed as “prescribed offences” for the issue of environmental infringement notices under section 72 of the Act, and they create mechanisms for the Board and Director to recover costs associated with notice compliance and assessments.
Prescribed offences and penalty units
Regulation 19 expressly identifies that, for the purposes of section 72 of the Act, offences under Acts listed in Schedule 2 and specified conduct under section 53(2) of the Act (as set out in Schedule 3) are prescribed offences. Regulation 19(1)(a) and (b) perform that mapping.
Schedule 2 lists offences drawn from the Environmental Management and Pollution Control Act 1994, the Land Use Planning and Approvals Act 1993 and the Plastic Shopping Bags Ban Act 2013 and sets the penalty unit quantum for individuals and bodies corporate for each offence (Schedule 2, items 1-3). For example, section 32(3) of the Act is assigned 20 penalty units for an individual and 40 penalty units for a body corporate (Schedule 2, item 1, row 3).
Schedule 3 enumerates types of conduct that constitute offences under section 53(2) of the Act and prescribes penalty units for individuals and bodies corporate for each listed category of conduct. The Schedule separates conduct by location (residential premises versus other premises) and by type of pollutant or nuisance (waterborne pollutants, offensive odours, unreasonable noise, energy pollutants, deposition or disturbance of pollutants, vehicle-related emissions) and sets lower penalty units for residential contexts in many instances (for example, 2 penalty units for some residential emissions versus 5 penalty units for other premises) (Schedule 3).
Enforcement-related cost recovery and compliance fees
Regulation 6(2) creates a fee-based obligation for persons who have been issued and served with an environment protection notice under section 27(6) of the Act. The person is liable to pay the relevant fee for all actions taken by the Director or an authorised officer, during each 12-month “relevant period”, to ensure compliance with the notice (regulation 6(2)-(3)). This ties direct cost recovery to enforcement activity taken by the regulator.
Regulation 15(6) sets the hourly rate as the fee payable by a person issued with an environment protection notice under section 44 of the Act for assessment, inspection or other actions to ensure compliance with specified measures in the notice. Regulation 15(5) prescribes a fee for issue or amendment of a section 44 notice and an additional fee element to cover time-based actions.
Regulation 11(9) permits the Board to require a person paying an assessment fee to also bear the cost of external consultation or national newspaper advertising that the Board considers necessary for the assessment. That is an additional cost recovery mechanism directly linked to Board‑initiated processes.
The regulations do not themselves specify statutory consequences (such as debt recovery procedures or late‑payment penalties) for non-payment of the fees listed. The text prescribes payment timing (for example, 30 or 60 day windows) but does not set explicit sanctions for late payment or enforcement mechanisms within the regulations other than the availability of prescribed criminal penalties for certain environmental offences shown in the Schedules. Any procedures for collecting unpaid fees, or consequences for non-payment by the recipient of a notice, would be governed by the Act or other applicable laws not reproduced in these regulations.
Operational implications for enforcement
The combination of administrative fees for compliance actions (regulation 6(2), regulation 15(6)) and the ability to prescribe offences for environmental infringement notices creates a dual pathway for regulator action: cost recovery for active compliance work, and the issuing of infringement notices for specified breaches. The text centralises discretion with the Board and the Director to take the actions that give rise to charges or to proceed by infringement.
The Schedules enable relatively small monetary penalties (in penalty units) for some conduct, particularly where the conduct is limited or occurs on residential premises (Schedule 3). Whether those penalty units are applied by infringement notices or prosecuted depends on enforcement choices under the Act.
All of the above is drawn directly from the statutory text of regulation 19, Schedules 2 and 3 and the fee recovery provisions in Parts 2, 3, 4 and 5 of the regulations. The regulations link operational enforcement work to fee recovery, and they designate specific offences for short-form enforcement via infringement notices.
How it interacts with other laws
The regulations are densely cross‑referential and operate as an implementing instrument for fee and administrative matters linked to a number of primary statutes and other subordinate instruments. The text itself specifies these interactions:
Environmental Management and Pollution Control Act 1994 (the Act): The regulations exist to operationalise fee, exemption and administrative processes for instruments and offences created by the Act. They repeatedly cross‑refer to sections of the Act that authorise referral and assessment (sections 24, 25, 25A, 27, 27B), to environment protection notices (sections 27 and 44), to environmental improvement programmes (section 40), to environmental audits (section 30) and other notice provisions (for example sections 74C, 74N). Regulation 19 maps specified offences under the Act into the infringement notice regime and Schedules 2 and 3 list Act offences and conduct under section 53(2) (see regulation 19 and Schedules 2 and 3).
Land Use Planning and Approvals Act 1993 (LUPAA): The regulations make fees payable where a LUPAA permit is granted and where the Board conducts environmental impact assessments as part of the LUPAA process. The definitions of “approved” and “LUPAA permit” in s 3 tie the fee bands in Schedule 1 to the capacities or conditions stated in LUPAA permits. Regulation 11 expressly states assessment fees are payable by the person proposing the activity to which the permit application under LUPAA relates (regulation 11(1) and elsewhere).
State Policies and Projects Act 1993: The regulations make fee provision for orders made under section 26 of the State Policies and Projects Act 1993 (regulation 5) and define “approved” to include an order made under that Act (s 3).
Environmental Management and Pollution Control (Waste Management) Regulations 2010: The definition of “approved” in s 3 refers to an “environmental approval” as defined in the Waste Management Regulations 2010. That means certain waste management approvals under those regulations are imported as relevant approvals for capacity measurement and fee calculations (s 3).
Tasmanian Biosolids Reuse Guidelines 1999: Schedule 1 references the Tasmanian Biosolids Reuse Guidelines 1999 (as amended) when prescribing fee bands for biosolids application activities (Schedule 1, resource recovery item (c)(ii) and (iii)). This ties a regulatory fee outcome to an external guideline standard.
A New Tax System (Goods and Services Tax) Act 1999: The regulations explicitly note that GST has the same meaning as in the Commonwealth Act (s 3) and repeatedly state the prescribed fees are exempt from GST (for example regulations 4(4), 11(10), 13(3), 15(10)).
Fee unit instruments and the Rules Publication Act 1953: The regulations use the concept of fee units extensively; the monetary value of a fee unit is set outside the regulations, so compliance requires consulting the applicable fee unit instrument. The Rules Publication Act 1953 is referenced in the printing and numbering statement at the end of the instrument.
Rescinded regulations: Regulation 20 and Schedule 4 rescind the Environmental Management and Pollution Control (General Fees) Regulations 2007. This is an express repeal of the earlier fee instrument, which means the current regulations replace those 2007 fee rules.
Functional interaction mechanisms
Capacity definitions imported from permits and orders: Section 3 defines capacity in terms of what is specified in the controlling permit/order/notice/approval. This imports factual measurements from instruments produced under other Acts directly into the fee calculation logic of these regulations.
Assessment fees and procedural linkages: Regulation 11 ties Board assessment fees to the procedural referrals under LUPAA and to the moments at which a proponent is a person proposing the activity , viewable only by reading the cross‑references to sections 24, 25 and 27 of the Act in regulation 11.
Enforcement and infringement compatibility: Regulation 19 imports offences from multiple Acts into the Act’s infringement-notice regime under section 72, linking the fee and penalty regime to criminal or administrative enforcement mechanisms in the Act and other statutes.
Overall, the regulations do not stand alone. They are an ancillary instrument that relies on, and feeds into, approvals, capacity designations and enforcement powers in several primary statutes and other subordinate instruments. Compliance therefore requires simultaneous reading of the relevant permit/order/notice, the fee-unit instrument, the Act, and, where relevant, associated guidelines such as the Tasmanian Biosolids Reuse Guidelines 1999.
Amendment history
The text provided contains the making and commencement details and a rescission of earlier regulations, but it does not record a sequence of amendments beyond that rescission. The instrument records the following points about its own history:
Short title and citation: The regulations are cited as the Environmental Management and Pollution Control (General) Regulations 2017 (s 1).
Commencement: The regulations take effect on the seventh day after the day on which their making is notified in the Gazette (regulation 2). The printed end matter notes the regulations were notified in the Gazette on 8 November 2017.
Rescission of earlier regulations: Regulation 20 and Schedule 4 expressly rescind the Environmental Management and Pollution Control (General Fees) Regulations 2007 (No. 115 of 2007). Schedule 4 lists that earlier instrument as rescinded.
Administrative home: The printed statement at the end identifies the Department of Primary Industries, Parks, Water and Environment as the administering department.
Numbering and display: The regulations are displayed and numbered in accordance with the Rules Publication Act 1953, which governs official publication, and the notification date is given as 8 November 2017.
The instrument itself does not list subsequent amendments or a history of variations. It is typical for subordinate instruments to be amended from time to time; however, no amendment schedules, dates of amendment, or transitional provisions beyond the rescission of the 2007 Regulations are included in the provided text. Where fee units or fee levels change, that would be reflected by either amendment to these regulations, replacement of the Schedule(s), or alteration of the fee unit monetary value by the separate fee unit instrument. None of those subsequent changes are recorded in the text you supplied.
For legal practice or compliance work, users should therefore treat the current text as a snapshot valid from its commencement (the Gazette notification and the seven-day rule) and check the official consolidated register or government publications for any amendments subsequent to the version presented here. The regulations themselves invite and enable later change by the Board in administrative practice (for example via guidelines under regulation 18), but legislative amendments to fee amounts or the Schedules would require formal amendment of the subordinate instrument.
Litigation history
The regulations and schedules provided do not include any judicial decisions, citations to case law, or discussion of litigation. The text lists statutory provisions, fee schedules and procedural rules but contains no record of litigation or precedent. Accordingly:
There is no litigation history embedded in the instrument itself to indicate how courts have interpreted particular provisions, fee calculations or Board discretion under these regulations.
The absence of case law in the text means practitioners must rely on primary statutes (the Act and cross‑referenced Acts), administrative practice (Board guidelines under regulation 18), and any subsequent jurisprudence developed in the courts or tribunals to clarify ambiguous points or test Board discretion. The regulations set out substantive and procedural rights and discretions that may be the subject of future litigation, for example concerning the scope of the Board’s discretion to grant or revoke exemptions (regulations 8, 9 and 17), or the proper construction of “capacity” as defined (s 3) where multiple instruments or conflicting specifications might exist.
Because regulation 19 prescribes offences for the purposes of the Act’s infringement notice scheme, litigation could arise over the application of infringement notices for conduct listed in Schedules 2 and 3, including disputes about whether particular conduct falls within the listing for residential premises versus other premises, or whether the conduct constitutes an “unreasonable” noise under Schedule 3. None of that litigation, if it exists, is referenced in the regulations themselves.
Practitioners should therefore treat the statutory text as the starting point, not the end point, and consult the court lists, tribunal decisions, and enforcement agency records for any decisions interpreting these regulations or the linked provisions of the Act. The regulations create legal entitlements and discretions that are likely to be clarified by administrative decisions and, potentially, by litigation in the future; none of that material is included in the provided instrument.
Gotchas
The regulations are detailed and technical. The following points flag aspects that commonly create practical uncertainty or operational complexity. Each point is drawn from the specific regulation or Schedule cited.
Linking fee bands to instrument-specified capacity
Fee bands in Schedule 1 are tied to the capacity specified in the controlling statutory instrument because the regulations define “capacity” as the maximum capacity specified in a LUPAA permit, a section 26 order, an environment protection notice, or an environmental approval (s 3). Practically this means the fee payable depends on what the permit/order/notice or approval says, not on some independent operational measurement. If a permit does not quantify capacity clearly, fee calculation may be uncertain. The regulation requires users to consult the permit or order text to determine fee band placement.
Dual-component annual fees for level 2 LUPAA activities and the low-risk exception
For level 2 activities under a LUPAA permit that are not low-risk, the annual fee is the sum of the fixed fee (Column 2, Schedule 1) and the variable fee (Column 3, Schedule 1) (regulation 4(1)). The variable fee can be significant. By contrast, if the Board determines an activity is low-risk, the annual fee is a single flat 250 fee units (regulation 4(2)). Obtaining low-risk status therefore materially reduces fee exposure, but the Board can revoke low-risk determinations (regulation 10(7)-(8)).
Timing constraints for applying for exemptions and low-risk determinations
A person cannot immediately apply for exemption from a variable fee. Regulation 9(1) requires not less than 12 months to have passed since becoming liable to pay the variable fee before an application may be made. Similarly, regulation 10(1) requires a 12-month wait before applying for a low-risk determination. Further, both types of application must be lodged not less than 90 days before the next 12‑month anniversary of the relevant date (regulations 9(2)(a) and 10(2)(a)). Missing these windows defeats the statutory application route and can delay potential fee relief by up to a year.
Board discretion and revocation risk
The Board’s powers to grant, vary or revoke exemptions and low-risk determinations are extensive (regulations 8, 9, 10, 17). Exemptions and determinations can be conditional and time limited. The Board may vary or revoke an exemption where it considers it appropriate, and must notify the person within 14 days of doing so (regulations 8(2)-(3), 9(6)-(7)). Where the Board revokes an exemption, it must specify the period during which the person may not reapply (regulation 9(8)). Practically, this creates operational uncertainty for fee budgeting: a past exemption can be revoked with relatively short notice.
Hourly rate cap interplay across assessment fees and the Schedule
Several assessment fees in Schedule 1 are expressed as “hourly rate or X fee units whichever is the lesser” or “hourly rate or X fee units whichever is the lesser” (Schedule 1 entries and regulation 11). Section 3 defines hourly rate as 75 fee units per hour. Because the hourly rate is expressed in fee units per hour and many entries compare the hourly rate to substantial fee-unit caps (for example 41 322 fee units), determining which applies requires estimating Board hours. For small proposals the Board may charge the hourly rate, but for large proposals the fixed cap may bind. Practitioners must understand both the fee-unit quantum and anticipated Board time to estimate likely charges.
Assessment fees payable even if permit is not granted
Regulation 12(1) requires that the person liable to pay an assessment fee do so within 60 days after the day on which the relevant LUPAA permit is granted, or is not granted, or the applicant withdraws the application, or the Board becomes aware the development proposal will not be proceeded with. This means applicants must budget assessment fees even where a permit application fails or is withdrawn.
Additional cost recovery for consultation and advertising
If the Board considers it necessary to consult externally or advertise in a national paper as part of an assessment, regulation 11(9) permits the Board to require the proponent to pay those additional costs. Those costs are not capped by the Schedule and may substantially increase the assessment bill.
Environment protection notice compliance fees
Regulation 6(2) makes the person served with an environment protection notice liable to pay the “relevant fee” for actions taken by the Director or an authorised officer during each relevant 12‑month period to enforce the notice. That fee is payable within 30 days after the issue/serving and on each anniversary of the issue (regulation 6(3)). For section 44 notices regulation 15(6) prescribes the hourly rate for actions to ensure compliance, and regulation 15(5) prescribes fees for issue or amendment. Organisations could therefore face ongoing annual charges tied to enforcement activities beyond standard annual permit fees.
GST exemption and fee-unit valuation
The regulations repeatedly state that specified fees are exempt from GST (regulations 4(4), 5(2), 6(4), 11(10), 13(3), 15(10)). The text uses fee units rather than direct currency amounts. Fee units have a monetary value set elsewhere. Practitioners must check the current fee-unit value to convert fee-unit amounts into currency.
Not all notices are covered by fees in the same way
Regulation 15(9) clarifies that subregulations 15(5) and 15(6) (fees for issue/amendment and compliance inspections for section 44 notices) do not apply to environment protection notices to which regulation 6 applies, or to notices issued under section 44(1)(d) or section 44(2) of the Act. This carving out means different notice types trigger different fee rules; determining which provision applies to a given notice requires close reading of the notice power used.
Documentation and form requirements
Applications for exemptions and low-risk determination must be in a form approved by the Board and be accompanied by documents the Board considers appropriate (regulations 9(2)(b)-(c), 10(2)(b)-(c), 17(2)(a)-(c)). The Board therefore controls procedural form and documentary content. Failure to use the approved form or supply required documentation risks rejection or delay.
Prescribed offences scope
Schedule 3 lists a range of conduct that constitutes a prescribed offence for issuing infringement notices under section 72, with lower penalty units for residential premises in many categories. The practical implication is that regulated entities must consider varying enforcement exposures for similar conduct depending on whether it occurs on residential land or other premises.
These features create several operational friction points , particularly the permit-tied capacity measurement, the timing constraints for relief applications, the Board’s broad discretionary powers, and the possibility of additional and recurring charges for enforcement or assessment-related consultations. Each of these is explicitly set out in the regulations and may materially affect budgeting, project planning and compliance strategies.
How to comply
Compliance with the regulations requires a sequence of concrete administrative steps aligned to the nature of the activity and the statutory instrument that authorises it. Below are actionable items directly traceable to the regulatory text.
Identify the controlling instrument and the person responsible
Determine whether the activity is conducted under a LUPAA permit, an order under the State Policies and Projects Act 1993, an environment protection notice under section 27 or 44 of the Act, or an environmental approval under the Waste Management Regulations 2010. The definition of “approved” and “LUPAA permit” in s 3 shows that fee responsibility attaches to the person responsible under those instruments. Use the permit, order or notice to identify the person liable for payment and the capacity stated in that instrument (s 3).
Determine the capacity band from the controlling instrument
Read the controlling permit/order/notice to find the maximum capacity for the activity because Schedule 1 banding is driven by the capacity specified in the relevant instrument (s 3 and Schedule 1). Place the activity in the appropriate Schedule 1 capacity band to determine the fixed fee and the variable fee for annual LUPAA permit fees, or to identify the assessment fee in Column 4 when the activity is referred to the Board (regulation 4 and regulation 11).
Calculate the fee composition
For non low-risk level 2 activities under a single LUPAA permit, add the fixed fee (Column 2) and the variable fee (Column 3) from Schedule 1 (regulation 4(1)). If the activity is low-risk, the annual fee is 250 fee units for a single permit or notice (regulation 4(2)). For assessments, apply the Column 4 amount or the hourly-rate alternative where specified in Schedule 1 and regulation 11.
Check the applicable hourly rate and fee-unit value
Where the assessment or compliance fee is the hourly rate, use the definition in s 3: 75 fee units per hour, or part of an hour, spent by the Board or the Director. Convert fee units to currency using the current fee‑unit monetary value as published (the regulations themselves do not set the currency value of a fee unit). Be prepared to estimate Board hours for hourly-rate scenarios, and to compare that estimate with the fixed fee-unit caps that apply in some Schedule entries.
Observe payment windows and triggers
Pay LUPAA-related fees within 60 days after the day on which the LUPAA permit is granted and on each 12-month anniversary (regulation 7(1)). Pay environment protection notice fees within 30 days of issue/serving and on each 12‑month anniversary while the notice remains in force (regulation 7(2) and regulation 6(3)). Pay assessment fees within 60 days of the relevant resolution of the permit application, even if the permit is not granted or the application is withdrawn (regulation 12(1)). Pay audit, programme and miscellaneous fees within 30 days of the Board receiving documents or issuing approvals as specified (regulations 14 and 16).
Plan for contingent costs
Anticipate the Board’s right to recover costs for external consultation or national advertising in the course of an assessment (regulation 11(9)). Anticipate that compliance actions initiated by the Director in response to an environment protection notice can create additional fees payable by the notice recipient for compliance efforts during each relevant period (regulation 6(2)).
Use Board-approved forms and provide supporting documents
Applications for exemptions from variable fees, for low-risk determinations and for fee exemptions under regulation 17 must be in a form approved by the Board and be accompanied by documents the Board considers appropriate (regulations 9(2)(b)-(c), 10(2)(b)-(c), 17(2)). Start the application process early: applications must be lodged not less than 90 days before the next 12‑month anniversary of the relevant date (regulations 9(2)(a), 10(2)(a)).
Maintain compliance history and document environmental measures
The Board must consider compliance history and measures taken to reduce environmental harm when assessing exemption requests and low-risk applications (regulation 9(4)(a)-(c); regulation 10(5)(a)). Keep records that demonstrate compliance with permit conditions, emission limits, monitoring obligations and any environmental improvement programmes. If seeking an exemption or low-risk status, assemble evidence that shows sustained compliance and operational controls, including emission monitoring records where relevant (regulation 10(5)(c)).
Track Board notices and timelines
The Board must give written notice of exemptions, grants, refusals and revocations and must do so within 14 days for certain decisions (regulation 9(5), 9(6), 8(1)(a)-(d), 17(6)). Keep a system for capturing and responding to such notices promptly, since revocation of an exemption or low-risk determination may take effect with specified timing and may include a period during which reapplication is not permitted (regulation 9(8), regulation 10(7)-(9)).
Align operational permits with fee exposure
Remember that the capacity recorded in permits or orders is the touchstone for fee band placement. Where possible, consider whether permit drafting can reduce fee exposure by specifying capacity bands that reflect actual activity levels, subject to statutory and planning constraints. Any change to permit capacity or conditions should be assessed for fee consequences.
Prepare for enforcement and infringement exposure
Review operations against the categories of prescribed conduct in Schedule 3 and the prescribed offences in Schedule 2. Those Schedules show where the Board or enforcement agencies may issue infringement notices and the penalty units that apply for individuals and bodies corporate (regulation 19 and Schedules 2 and 3). Particularly for nuisance and emission categories, consider monitoring and compliance measures to avoid prescribed conduct or to mitigate enforcement risk.
Use guidelines but verify legal positions
The Board may issue guidelines for exemptions and low-risk determinations (regulation 18). Use those guidelines to understand the Board’s administrative practice, but verify statutory entitlements and timelines in the regulations themselves.
Following these steps maps regulatory obligations into practical compliance tasks: identifying the controlling instrument; locating the capacity; calculating fees; meeting payment windows; gathering documentary evidence for exemptions or low-risk applications; and planning for possible additional costs that flow from Board consultations or Director enforcement actions. All of these steps are mandated or enabled by the specific provisions cited in the regulations.
(d) an environmental approval, as defined in the Environmental Management and Pollution Control (Waste Management) Regulations 2010 ;
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
hourly rate means 75 fee units for each hour, or part of an hour, spent by the Board or Director on a matter to which a fee prescribed in these regulations relates;
inert waste means waste that is not –
(a) controlled waste; or
(b) putrescible waste; or
(c) likely to cause, either directly or indirectly, material environmental harm or serious environmental harm or environmental nuisance; or
(d) contaminated with controlled waste or putrescible waste;
low-risk activity means an environmentally relevant activity determined by the Board to be a low-risk activity under regulation 10 ;
LUPAA permit means a permit –
(a) granted or taken to have been granted under the Land Use Planning and Approvals Act 1993 , with conditions attached by the Board; and
(b) in respect of which the Board has carried out an environmental impact assessment;
permissible level 1 activity has the same meaning as in section 24 of the Act;
permissible level 2 activity has the same meaning as in section 25 of the Act;
putrescible waste means waste containing major components that are likely to generate an offensive odour;
wastewater treatment works means works –
(a) that are conducted to enable the discharge of treated or untreated sewage, septic tank effluent or industrial or commercial wastewater to land or water; and
(b) that have a capacity to treat sewage, septic tank effluent or industrial or commercial wastewater.
Part 2 Fees for LUPAA Permits, Orders and Environment Protection Notices
Part 2 Fees for LUPAA Permits, Orders and Environment Protection Notices
Division 1 Fees for LUPAA permits, orders and environment protection notices
Division 1 Fees for LUPAA permits, orders and environment protection notices
4 Annual fees for LUPAA permits and environment protection notices
4 Annual fees for LUPAA permits and environment protection notices
(1) The fee payable in respect of a LUPAA permit by the person responsible for a level 2 activity that is not a low-risk activity and is conducted under one LUPAA permit is the total of –
(a) the fixed fee in Column 2 of Schedule 1 corresponding to the level 2 activity in Column 1 of that Schedule; and
(b) the variable fee in Column 3 of Schedule 1 corresponding to the level 2 activity in Column 1 of that Schedule.
(2) The fee payable in respect of a LUPAA permit, or for the issue and service of an environment protection notice issued in accordance with section 27(6) of the Act, by the person responsible for the level 2 activity that is a low-risk activity and is conducted under one LUPAA permit or one environment protection notice, respectively, is 250 fee units.
(3) The fee payable in respect of a LUPAA permit by the person responsible for the permissible level 1 activity that is conducted under one LUPAA permit, the application for which is referred to the Board under section 24(1) of the Act, is 16 500 fee units plus a variable fee of 12 680 fee units.
(4) The fees prescribed under this regulation are exempt from GST.
5 Fees for orders under State Policies and Projects Act 1993
5 Fees for orders under State Policies and Projects Act 1993
(1) The fee payable in respect of an order made under section 26 of theState Policies and Projects Act 1993 by the person responsible for an environmentally relevant activity which is a level 3 activity, and in respect of which the order is made, is –
(a) the fee prescribed under regulation 4(1) if the level 3 activity is also a level 2 activity; or
(b) 16 500 fee units, plus a variable fee of 12 680 fee units, if the level 3 activity is not also a level 2 activity.
(2) The fees prescribed under this regulation are exempt from GST.
6 Fees for environment protection notices
6 Fees for environment protection notices
(1) In this regulation –
relevant fee, in relation to an environment protection notice, means –
(a) in the case of a level 2 activity, the fee prescribed under regulation 4(1) ; or
(b) in the case of an environmentally relevant activity (other than a level 1 activity, level 2 activity or level 3 activity), 16 500 fee units plus a variable fee of 12 680 fee units;
relevant period, in relation to an environment protection notice, means –
(a) the first 12-month period after the environment protection notice is issued and served on a person; and
(b) each 12-month period after the period referred to in paragraph (a) .
(2) A person issued and served, in accordance with section 27(6) of the Act, with an environment protection notice that is in force, is liable to pay the relevant fee for all the actions taken by the Director or an authorized officer, during a relevant period, to ensure compliance with any conditions or restrictions contained in the notice.
(3) The person liable to pay the relevant fee under subregulation (2) is to pay that fee within 30 days after –
(a) the day on which the environment protection notice is issued and served on the person; and
(b) each 12-month anniversary of the day on which the environment protection notice is issued and served on the person.
(4) The fees prescribed under this regulation are exempt from GST.
7 When fees for LUPAA permits, orders and environment protection notices payable
7 When fees for LUPAA permits, orders and environment protection notices payable
(1) The person liable to pay the fee under regulation 4 in respect of a LUPAA permit is to pay that fee within 60 days after –
(a) the day on which the LUPAA permit is granted; and
(b) each 12-month anniversary of the day on which the LUPAA permit is granted.
(2) The person liable to pay the fee under regulation 4(2) in respect of an environment protection notice is to pay that fee within 30 days after –
(a) the day on which the environment protection notice is issued and served on the person; and
(b) each 12-month anniversary of the day on which the environment protection notice is issued and served on the person while the notice remains in force.
(3) The person liable to pay the fee under regulation 5 in respect of an order made under section 26 of theState Policies and Projects Act 1993 is to pay that fee within 60 days after –
(a) the day on which the order is made; and
(b) each 12-month anniversary of the day on which the order is made.
Division 2 Exemptions from variable fees
Division 2 Exemptions from variable fees
8 Exemptions from variable fees at Board's discretion
8 Exemptions from variable fees at Board's discretion
(1) The Board, at its own discretion, may exempt a person from liability to pay all or part of a variable fee referred to in regulation 4(1)(b) , regulation 4(3) , regulation 5(1) or regulation 6(1) –
(a) by notice in writing provided to the person; and
(b) with effect from a day specified in the notice; and
(c) for a period specified in the notice; and
(d) with or without any conditions specified in the notice that the Board considers appropriate.
(2) The Board may vary or revoke an exemption granted under subregulation (1) if the Board considers it appropriate to do so.
(3) Within 14 days after varying or revoking an exemption, the Board is to provide notice in writing of the variation or revocation to the person granted the exemption specifying the day on which the variation or revocation takes effect.
9 Exemptions from variable fees on application of person
9 Exemptions from variable fees on application of person
(1) Not less than 12 months after the day on which a person became liable to pay a variable fee referred to in regulation 4(1)(b) , regulation 4(3) , regulation 5(1) or regulation 6(1) , the person may apply in writing to the Board for an exemption from liability to pay all or part of the variable fee.
(2) An application is to –
(a) be made not less than 90 days before the next 12-month anniversary of –
(i) the day on which the LUPAA permit to which the variable fee relates was granted or taken to have been granted; or
(ii) the making of the order under the State Policies and Projects Act 1993 to which the variable fee relates; or
(iii) the day on which the environment protection notice to which the variable fee relates was served; and
(b) be in a form approved by the Board; and
(c) be accompanied by any documents that the Board considers appropriate; and
(d) contain any additional information that the Board considers appropriate.
(3) On receipt of an application, the Board may –
(a) refuse to grant the exemption; or
(b) grant the exemption with or without any conditions that the Board considers appropriate.
(4) In considering an application, the Board must consider the following matters:
(a) the measures taken by the applicant to reduce any environmental harm caused by, or likely to be caused by, the environmentally relevant activity;
(b) the applicant's history of compliance with any provision of the Act or these regulations;
(c) whether or not the applicant has substantially complied with any conditions imposed in respect of the LUPAA permit, the order or environment protection notice to which the variable fee relates;
(d) any other matter that the Board considers appropriate.
(5) Within 14 days after determining an application, the Board, by notice in writing provided to the applicant, is to notify the applicant of the following:
(a) whether it has granted or refused to grant the exemption;
(b) the day on which the exemption takes effect;
(c) the period during which the exemption has effect;
(d) the conditions, if any, that are imposed on the exemption.
(6) The Board may vary or revoke an exemption granted under subregulation (3) if the Board considers it appropriate to do so.
(7) Within 14 days after varying or revoking an exemption, the Board is to provide notice in writing of the variation or revocation to the person granted the exemption.
(8) Notice of the variation or revocation of an exemption is to specify –
(a) the details of the variation or revocation; and
(b) the day on which the variation or revocation takes effect; and
(c) for a notice of the revocation of an exemption, the period during which the person may not re-apply for the exemption to which the revocation relates.
Division 3 Determination of low-risk activity status
Division 3 Determination of low-risk activity status
10 Low-risk activities
10 Low-risk activities
(1) Not less than 12 months after the day on which a person became –
(a) responsible for a level 2 activity conducted under a LUPAA permit; or
(b) subject to an environment protection notice issued in accordance with section 27(6)(a) of the Act –
the person may apply in writing to the Board for a determination as to whether or not an environmentally relevant activity that is a level 2 activity to which the permit or notice relates is a low-risk activity.
(2) An application is to –
(a) be made not less than 90 days before the next 12-month anniversary of –
(i) the day on which the LUPAA permit to which the application relates was granted or taken to have been granted; or
(ii) the day on which the environment protection notice to which the application relates was served; and
(b) be in a form approved by the Board; and
(c) be accompanied by any documents that the Board considers appropriate; and
(d) contain any additional information that the Board considers ap
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