33Load calculation protocol

#### 33 Load calculation protocol 33 Load calculation protocol > > (1) The EPA may issue a protocol (a load calculation protocol) to be applied to the calculation of load based fees for the purposes of this Division. > > > (2) The EPA may vary or replace a load calculation protocol from time to time. > > > (3) A load calculation protocol is issued, varied or replaced by notice published in the Gazette. > > > (4) Without limiting the matters that may be dealt with in a load calculation protocol, a load calculation protocol may do any of the following— > > > > > (a) set out the means for calculating actual loads and weighted loads, including by the use of monitoring programs, emission factors and other methods, > > > > > (b) provide for load weighting measures, including— > > > > > > > (i) ceasing or reducing discharges during particularly unfavourable conditions, and > > > > > > > (ii) reusing waste water, whether by the licence holder or another person, > > > > > (c) provide for a reduction in the actual load of a licence holder, for the purpose of the calculation of load-based fees if— > > > > > > > (i) assessable pollutants are transferred, without being discharged, from the licence holder’s premises to another person’s premises with the consent of the other person, or > > > > > > > (ii) a licence holder receives onto the licence holder’s premises naturally occurring loads of assessable pollutants. > > > (5) A load calculation protocol may also provide for a reduction in the actual load of a licence holder, for the purpose of the calculation of a load-based fee if— > > > > > (a) assessable pollutants are transferred to another person’s premises under an arrangement where the other person pays the EPA the amount by which the load-based fee payable by the licence holder is reduced because of the transfer, or > > > > > (b) the discharge of a pollutant to which the fee relates is reduced— > > > > > > > (i) at premises other than the premises where the activity is carried on, and > > > > > > > (ii) as a result of action taken by the licence holder in connection with that activity. > > > > > > Example— > > > > > > A reduction may relate to the emission of VOCs by a petroleum refinery. In addition to action to reduce those emissions from the refinery, action can be taken to produce fuel that will emit less VOCs when in use off the premises of the refinery and this could be taken into account for the purposes of the reduction. > > > (6) A load calculation protocol takes effect in relation to an activity from the date specified in the protocol. > > > (7) When a replacement load calculation protocol takes effect in relation to an activity, the existing load calculation protocol in relation to the activity ceases to have effect. > > > (8) A copy of the load calculation protocol in force under this section must be available for inspection and purchase, for a reasonable amount decided by the EPA, by members of the public at the principal office of the EPA.