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Protection of the Environment Operations (General) Regulation 2022
95Cost of Upper Hunter monitoring program
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#### 95 Cost of Upper Hunter monitoring program
95 Cost of Upper Hunter monitoring program
> > (1) During each levy period, the EPA must calculate an estimate of the cost to the EPA of the Upper Hunter monitoring program for the levy period.
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> > (2) After the end of a levy period, the EPA must calculate the actual cost to the EPA of the Upper Hunter monitoring program for the levy period.
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> > (3) The actual cost to the EPA of the Upper Hunter monitoring program for a levy period in which a person becomes an Upper Hunter licence holder must be reduced by the amount of an annual levy payable to the EPA for the levy period by the licence holder under section 95.
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> > (4) If the actual cost to the EPA of the program for the levy period is more than the estimated program cost for the levy period, the amount of the difference must be added to the estimated program cost for the next levy period and the program cost for that period must be increased by the amount.
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> > (5) If the actual cost of the program for the levy period is less than the estimated program cost for the levy period, the amount of the difference must be deducted from the estimated program cost for the next levy period and the program cost for that period must be decreased by the amount.
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> > (6) The EPA may decide arrangements for payment of an additional annual levy, or a refund of an annual levy, that is required because of an adjustment to the program cost under this section.
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> > (7) Without limiting the Act, section 295Z(4), the cost of the Upper Hunter monitoring program includes the costs associated with the following—
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> > > (a) the use of equipment, facilities and infrastructure to monitor air quality under the program,
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> > > (b) the administration of the program, including the reporting on the program and advisory committees established to advise the EPA in relation to the program.
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> > (8) However, the cost of the Upper Hunter monitoring program does not include the costs of construction of a new facility to monitor air quality if an Upper Hunter licence holder is required to pay a construction levy for the costs under section 98.