131Notices of fees payable

#### 131 Notices of fees payable (1) As soon as practicable after receiving an application from a person for permission and making a decision on the approach to be used for assessment of the impacts of the proposed conduct, the Authority must give the person a notice in writing: (a) stating the fee payable for the application; and (b) stating the date on which the notice is given; and (c) requiring the person to pay, within 21 days after that date: (i) if item 1, 2, 3, 7 or 8 of Table 128 covers the relevant activity—the fee in full; or (ii) if item 4 or 6 of that table covers the activity—the sum of $10 000 in part payment of the fee. (2) If an application for permission is withdrawn before the end of the 21 days referred to in paragraph(1)(c): (a) no fee is payable for the application; and (b) the amount of any fee paid for it is to be refunded. (3) If: (a) a person has applied for permission to carry on an activity covered by item 4 or 6 of Table 128; and (b) the person has paid $10 000 (or a lesser amount under subparagraph (6)(b)(ii)) in part payment of the fee for the application; and (c) the public environment report or environmental impact statement about the activity is made available for public comment in draft or final form; the Authority must give the person a notice in writing: (d) stating the date on which the notice is given; and (e) requiring the person to pay, within 21 days after that date, the amount of the fee that has not been paid. (4) Except as set out in subregulation (2), an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid. Notice if decision on assessment approach is revoked and replaced (5) Subregulation (6) applies if: (a) after the Authority has given a person notice under subregulation (1) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach) be used to assess the impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach) must be used; and (b) the fee (the new fee) payable under regulation 128 on the basis of the new approach exceeds the fee (the old fee) that was payable under that regulation on the basis of the old approach; and (c) it is not the case that the old fee was set by item 4 of Table 128 and the new fee is set by item 6 of that table. > Note: If the old fee was set by item 4 of Table 128 and the new fee is set by item 6 of that table, subregulation (1) continues to apply. (6) The Authority must give the person a notice in writing (the new notice) stating the date on which the new notice is given and requiring the person to pay, within 21 days after that date: (a) if the new fee is set by item 1, 2, 3, 7 or 8 of Table 128—the excess of the new fee over the amount of the old fee that has already been paid; or (b) if the new fee is set by item 4 or 6 of Table 128: (i) $10,000 in part payment of the new fee; or (ii) if an amount of the old fee has already been paid—the excess of $10,000 over that amount in part payment of the new fee. > Note: If paragraph (b) applies, subregulation (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.