NSWIn ForceRegulation
Protection of the Environment Operations (General) Regulation 2022
29Refunds and waivers
Start here
Get a plain-English read of 29
Turn the raw legal text into a practical explanation grounded in Protection of the Environment Operations (General) Regulation 2022.
#### 29 Refunds and waivers
29 Refunds and waivers
> > (1) The EPA may do one or more of the following if it considers it is appropriate to do so—
> >
> > > (a) refund the payment of all or a part of an administrative fee,
> >
> > > (b) refund the difference between the administrative fee paid and the lesser amount that would have been payable if—
> > >
> > > > (i) the administrative fee had been calculated on the actual level of the activity during the licence fee period to which the fee relates, or
> > >
> > > > (ii) during the licence fee period an activity changes to an activity of a different classification or scale,
> >
> > > (c) refund the difference between the administrative fee paid and the lesser amount payable as a result of an adjustment under section 27,
> >
> > > (d) waive the payment of all or a part of an administrative fee for a licence on approval of an application for the surrender of the licence.
>
> > (2) The EPA may, considering the administrative costs incurred by the EPA in connection with the licence, grant a refund or waive payment as follows—
> >
> > > (a) on its own initiative,
> >
> > > (b) if requested by the licence holder—
> > >
> > > > (i) within 120 days after the end of the licence fee period to which the fee relates, or
> > >
> > > > (ii) after the time specified in subparagraph (i)—if the EPA is satisfied there are exceptional circumstances that justify the EPA in considering the request.
>
> > (3) A refund is available under this section only if the amount to be refunded is at least 2 administrative fee units.
>
> > (4) The EPA may give a refund by—
> >
> > > (a) offsetting it against an amount owed by the licence holder to the EPA, or
> >
> > > (b) otherwise refunding it to the licence holder.