sec.165Eligibility for payment of a reduced annual fee

### sec.165 Eligibility for payment of a reduced annual fee The holder of an environmental authority is eligible to pay a reduced annual fee for the authority if— the holder has carried out a relevant activity under the authority for at least 1 year; and in the 3 years immediately before the annual fee for the authority is due, no compliance action event has happened for the holder; and the holder— has an approved EMS; or is an approved partner; or has a lower emissions score; or for a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and the holder gives the chief executive the documents under section 166 (1) within the period stated in the annual notice; and the holder pays the reduced annual fee within the period stated in the annual notice. The holder stops being eligible to pay a reduced annual fee if the holder knows, or ought reasonably to know, that a disqualifying event has happened for the holder. Also, the holder stops being eligible if— there is more than 1 project site for the authority; and subsection (1) does not apply to 1 or more of the project sites for the authority. In this section— compliance action event , for the holder of an environmental authority, means any of the following directly relating to an activity carried out or a thing omitted to be done under the authority— the serving of an infringement notice under the State Penalties Enforcement Act 1999 on the holder for an offence; the issuing of an environmental enforcement order to the holder; the holder— has voluntarily applied for the issue of a transitional environmental program; or is acting under a transitional environmental program; or is required to apply for the issue of a transitional environmental program; or has, under section 350 of the Act , given the administering authority a program notice; the issue of a cost recovery notice to the holder unless— the amount claimed under the notice has been fully paid; or the notice has been withdrawn or has otherwise stopped having effect; a proceeding for an environmental offence or an offence under section 369I of the Act is started or continued against the holder and has not finished; the holder is convicted of an environmental offence or another offence mentioned in paragraph (e) . disqualifying event , for the holder of an environmental authority, means any of the following that happens during the year to which the reduced annual fee applies— the holder stops being an approved partner; the holder no longer has an approved EMS; the holder no longer has a lower emissions score; the holder has stopped carrying out rehabilitation of the land that is the subject of the environmental authority; the holder recommences extracting the resource that is the subject of the environmental authority; there is a compliance action event for the holder. s 165 amd 2023 Act No. 6 s 145 sch 1 ; 2024 Act No. 30 s 61 sch 1 (sec.165-ssec.1) The holder of an environmental authority is eligible to pay a reduced annual fee for the authority if— the holder has carried out a relevant activity under the authority for at least 1 year; and in the 3 years immediately before the annual fee for the authority is due, no compliance action event has happened for the holder; and the holder— has an approved EMS; or is an approved partner; or has a lower emissions score; or for a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and the holder gives the chief executive the documents under section 166 (1) within the period stated in the annual notice; and the holder pays the reduced annual fee within the period stated in the annual notice. (sec.165-ssec.2) The holder stops being eligible to pay a reduced annual fee if the holder knows, or ought reasonably to know, that a disqualifying event has happened for the holder. (sec.165-ssec.3) Also, the holder stops being eligible if— there is more than 1 project site for the authority; and subsection (1) does not apply to 1 or more of the project sites for the authority. (sec.165-ssec.4) In this section— compliance action event , for the holder of an environmental authority, means any of the following directly relating to an activity carried out or a thing omitted to be done under the authority— the serving of an infringement notice under the State Penalties Enforcement Act 1999 on the holder for an offence; the issuing of an environmental enforcement order to the holder; the holder— has voluntarily applied for the issue of a transitional environmental program; or is acting under a transitional environmental program; or is required to apply for the issue of a transitional environmental program; or has, under section 350 of the Act , given the administering authority a program notice; the issue of a cost recovery notice to the holder unless— the amount claimed under the notice has been fully paid; or the notice has been withdrawn or has otherwise stopped having effect; a proceeding for an environmental offence or an offence under section 369I of the Act is started or continued against the holder and has not finished; the holder is convicted of an environmental offence or another offence mentioned in paragraph (e) . disqualifying event , for the holder of an environmental authority, means any of the following that happens during the year to which the reduced annual fee applies— the holder stops being an approved partner; the holder no longer has an approved EMS; the holder no longer has a lower emissions score; the holder has stopped carrying out rehabilitation of the land that is the subject of the environmental authority; the holder recommences extracting the resource that is the subject of the environmental authority; there is a compliance action event for the holder. - (a) the holder has carried out a relevant activity under the authority for at least 1 year; and - (b) in the 3 years immediately before the annual fee for the authority is due, no compliance action event has happened for the holder; and - (c) the holder— (i) has an approved EMS; or (ii) is an approved partner; or (iii) has a lower emissions score; or (iv) for a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and - (i) has an approved EMS; or - (ii) is an approved partner; or - (iii) has a lower emissions score; or - (iv) for a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and - (d) the holder gives the chief executive the documents under section 166 (1) within the period stated in the annual notice; and - (e) the holder pays the reduced annual fee within the period stated in the annual notice. - (i) has an approved EMS; or - (ii) is an approved partner; or - (iii) has a lower emissions score; or - (iv) for a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and - (a) there is more than 1 project site for the authority; and - (b) subsection (1) does not apply to 1 or more of the project sites for the authority. - (a) the serving of an infringement notice under the State Penalties Enforcement Act 1999 on the holder for an offence; - (b) the issuing of an environmental enforcement order to the holder; - (c) the holder— (i) has voluntarily applied for the issue of a transitional environmental program; or (ii) is acting under a transitional environmental program; or (iii) is required to apply for the issue of a transitional environmental program; or (iv) has, under section 350 of the Act , given the administering authority a program notice; - (i) has voluntarily applied for the issue of a transitional environmental program; or - (ii) is acting under a transitional environmental program; or - (iii) is required to apply for the issue of a transitional environmental program; or - (iv) has, under section 350 of the Act , given the administering authority a program notice; - (d) the issue of a cost recovery notice to the holder unless— (i) the amount claimed under the notice has been fully paid; or (ii) the notice has been withdrawn or has otherwise stopped having effect; - (i) the amount claimed under the notice has been fully paid; or - (ii) the notice has been withdrawn or has otherwise stopped having effect; - (e) a proceeding for an environmental offence or an offence under section 369I of the Act is started or continued against the holder and has not finished; - (f) the holder is convicted of an environmental offence or another offence mentioned in paragraph (e) . - (i) has voluntarily applied for the issue of a transitional environmental program; or - (ii) is acting under a transitional environmental program; or - (iii) is required to apply for the issue of a transitional environmental program; or - (iv) has, under section 350 of the Act , given the administering authority a program notice; - (i) the amount claimed under the notice has been fully paid; or - (ii) the notice has been withdrawn or has otherwise stopped having effect; - (a) the holder stops being an approved partner; - (b) the holder no longer has an approved EMS; - (c) the holder no longer has a lower emissions score; - (d) the holder has stopped carrying out rehabilitation of the land that is the subject of the environmental authority; - (e) the holder recommences extracting the resource that is the subject of the environmental authority; - (f) there is a compliance action event for the holder.