Protection of the Environment Operations (General) Regulation 2022
29Refunds and waivers
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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.