Environment Protection and Biodiversity Conservation Regulations 2000 (Cth)

Environment Protection and Biodiversity Conservation Regulations 2000

Statutory Rules No. 181, 2000

made under the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 26

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Environment Protection and Biodiversity Conservation Regulations 2000 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1Preliminary 1.01Name of Regulations

These Regulations are the Environment Protection and Biodiversity Conservation Regulations 2000.

1.03Definitions – the dictionary

(1)
The dictionary at the end of these Regulations defines certain words and expressions, and includes references to certain words and expressions that are defined in the Act or elsewhere in these Regulations (signpost definitions).
Example: The signpost definition ‘aircraft—see Act, section 528’ means that the expression aircraft is defined in section 528 of the Act.
(2)
The dictionary is part of these Regulations.
(3)
A definition in these Regulations applies to each use of the word or expression in these Regulations, unless the contrary intention appears.

Part 2Matters of national environmental significanceDivision 2.1Nuclear action2.01Nuclear action (Act s 22(1))

For paragraph (g) of the definition of nuclear action in subsection 22(1) of the Act, a nuclear action includes establishing, significantly modifying, decommissioning or rehabilitating a facility where radioactive materials at or above the activity level mentioned in regulation 2.02 are, were, or are proposed to be used or stored.

2.02Nuclear activity level (Act s 22(1))

(1)
For paragraphs (c) and (d) of the definition of nuclear installation in subsection 22(1) of the Act, the activity level is:
(a)
if the installation contains only 1 type of nuclide and all sources of that nuclide are sealed sources—109 times the activity value for the nuclide set out in Part 1 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety Regulations 2018; or
(b)
if the installation contains only 1 type of nuclide and all sources of that nuclide at or above the activity concentration value mentioned for the nuclide in Part 1 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety Regulations 2018 are unsealed sources—106 times the activity value for the nuclide set out in that Part; or
(c)
in any other case—a level for which a mixture of sealed and unsealed sources of nuclides is excessive.
(2)
A mixture is excessive if:
(a)
the sealed source activity value is greater than 109; or
(b)
the unsealed source activity value is greater than 106 and the unsealed source activity concentration value is greater than 1; or
(c)
both:
(i)
the sum of the sealed source activity value divided by 109 and the unsealed source activity value divided by 106 is greater than 1; and
(ii)
the unsealed source activity concentration value is greater than 1.
(3)
In this regulation:
sealed source activity value means the sum of the fractions calculated for each nuclide by dividing the activity of the nuclide in the mixture in sealed sources by the activity value for the nuclide set out in Part 1 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety Regulations 2018.
unsealed source activity concentration value means the sum of the fractions calculated for each nuclide by dividing the activity concentration for each nuclide in the mixture by the activity concentration value for the nuclide set out in Part 1 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety Regulations 2018.
unsealed source activity value means the sum of the fractions calculated for each nuclide by dividing the activity of each nuclide in the mixture in unsealed sources by the activity value for the nuclide set out in Part 1 of Schedule 1 to the Australian Radiation Protection and Nuclear Safety Regulations 2018.

2.03Large‑scale disposal facility (Act s 22(2))

For the definition of large‑scale disposal facility in subsection 22(2) of the Act, a facility used for the disposal of radioactive materials at or above the activity level mentioned in regulation 2.02 is prescribed.

Division 2.2Additional matters of national environmental significance

Note: Division 2.2 reserved for future use.

Division 2.3Actions taken to be covered by Division 1 of Part 3 of the Act2.10Grazing domestic stock

For subsection 25A(1) of the Act and to give effect to Australia’s obligations under Article 8 of the Biodiversity Convention, the grazing of domestic stock in the Australian Alps National Parks and Reserves is taken to be an action to which subsections 15B(5) and 15C(9) and (10) of the Act apply.
Note: The Australian Alps National Parks and Reserves were included in the National Heritage List by an instrument published in Gazette No. S237 on 7 November 2008.

Part 2AActions covered by Ministerial declarations 2A.01Criteria for accreditation of management arrangements for Commonwealth managed fisheries

(1)
This regulation applies in relation to a decision by the Minister to accredit a management arrangement that applies to a fishery for the purposes of a declaration under section 33 of the Act.
(2)
For paragraph 33(3)(a) of the Act, the criteria that must be met by the management arrangement and the law under which it is in force, or is to be in force, are as follows:
(a)
the law under which the management arrangement is in force, or is to be in force, must be the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984;
(b)
the management arrangement must be endorsed by the Minister under an agreement made under section 146 of the Act;
(c)
the management arrangement must be in the form in which it was endorsed.
(2A)
Paragraph (2)(c) does not apply to an amendment of an accredited management arrangement if the Minister:
(a)
is satisfied that the actions approved in accordance with the amended arrangement will not have significantly greater impacts on the environment than actions approved in accordance with the existing arrangement; and
(b)
has not made a determination under subsection 36A(1) of the Act in relation to the amendment.
(3)
In this regulation:
fishery means a fishery to which the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984 applies.

2A.02Publication of determination about minor amendments to an accredited management arrangement or authorisation process

For subsection 36A(3) of the Act, a determination must be published at an appropriate location on the Internet.

2A.03Requirements for a declaration

For paragraph 37C(b) of the Act, the Minister may make a declaration under section 37A of the Act if he or she is satisfied that it meets the following requirements:
(a)
an adequate assessment of the relevant impacts of actions which can be taken under the bioregional plan to which the declaration relates has been undertaken as part of the process for developing the bioregional plan;
(b)
the bioregional plan addresses:
(i)
the characteristics of the environment in which the actions will take place and which will be impacted by the actions; and
(ii)
the identification of matters of national environmental significance likely to be affected by the actions, and the location and characteristics of those matters; and
(iii)
identification of the relevant impacts of the action or actions; and
(iv)
identification of feasible measures to prevent or mitigate relevant impacts of the action or actions;
(c)
the bioregional plan adequately addresses the relevant impacts of actions which can be taken under the plan and details the measures which will be taken to ensure that there are no unacceptable or unsustainable impacts on a matter protected by Part 3 of the Act;
(d)
any measures that the Minister may require as a condition of a declaration that are consistent with the bioregional plan;
Example: Environmental monitoring.
(e)
the development of the bioregional plan included consultation with:
(i)
the Australian community generally; and
(ii)
groups who have a special interest in, or are especially affected by, the bioregional plan or actions which can be taken under the bioregional plan;
(f)
the consultation included the release of a draft bioregional plan for public comment allowing at least 60 business days for the receipt of comments;
(g)
the bioregional plan was revised taking into account any comments received.

2A.04Publication of a declaration or instrument

For subsection 37L(2) of the Act, a declaration made under section 37A of the Act or an instrument made under section 37K of the Act must be published:
(a)
in the Gazette; and
(b) at an appropriate location on the Internet; and
(c)
if the information is relevant to Norfolk Island, the Territory of Cocos‑Keeling or the Territory of Christmas Island—in the Government Gazette of the relevant territory.

Part 2BBilaterally accredited management plans

Note: Under section 45 of the Act, the Minister may enter into a bilateral agreement with a State or self‑governing Territory in relation to 1 or more of the following:
· protecting the environment;
· promoting the conservation and ecologically sustainable use of natural resources;
· ensuring an efficient, timely and effective process for environmental assessment and approval of actions;
· minimising duplication in the environmental assessment and approval process through Commonwealth accreditation of the processes of the State or Territory (or vice versa).
Such an agreement may declare that actions in a specified class of actions approved in accordance with a management plan accredited in accordance with subsection 46(3) of the Act do not require approval under Part 9 of the Act for the purposes of a specified provision of Part 3 (see the Act, subsection 46(1)).

2B.01Criteria for accreditation of management plans for World Heritage properties and National Heritage places

(1)
This regulation concerns the accreditation of a management plan for:
(a)
a declared, or proposed, World Heritage property; or
(b)
a National Heritage place.
Note: A bilaterally accredited management plan may allow for the declaration of actions that do not then need approval under Part 9 of the Act for the purposes of a specified provision of Part 3—see subsection 46(1) of the Act. The relevant provisions of Part 3 in relation to a World Heritage property are sections 12 and 15A, and in relation to a National Heritage place, sections 15B and 15C.
Criteria for management plan
(2)
For paragraph 46(3)(a) of the Act, the criteria set out in subregulations (3) to (5) are prescribed in relation to the management plan.
(3)
Development of the management plan must have included consultation with:
(a)
the Australian community generally; and
(b)
any particular groups having a special interest in the property or place, or likely to be especially affected by a management plan for the property or place.
(4)
The public consultation mentioned in subregulation (3) must have included the release of a draft management plan for public comment and the allowing of at least 20 business days for the receipt of comment by the State or Territory organisation that is responsible for developing the plan.
Note: Subsections 46(2), 51(2) and 51A(2) of the Act also set out requirements about accreditation of management plans.
Content of the management plan
(5)
A management plan for a declared or proposed World Heritage property or a National Heritage place:
(a)
must outline the process of public consultation that was undertaken in the development of the plan; and
(b)
must state the law under which the plan is in force; and
(c)
must include a description of the property or place, including its boundary and the relevant World Heritage or National Heritage values; and
(d)
must state what must be done to ensure that the relevant World Heritage or National Heritage values are identified, conserved, protected, presented and transmitted to future generations and, if appropriate, rehabilitated; and
(e)
must set out the means by which risk management of the property or place will be addressed, including:
(i)
identifying the risks to the relevant World Heritage or National Heritage values; and
(ii)
providing an analysis of the potential effect of each identified risk on the relevant World Heritage or National Heritage values, including an estimation of the nature, extent and likelihood of the risk; and
(iii)
setting out risk management strategies to protect and conserve the relevant World Heritage or National Heritage values; and
(f)
must provide that adequate assessment of the impacts, on the relevant World Heritage or National Heritage values, of any proposed actions provided for under the plan, or that may arise during the life of the plan, has been, or will be, undertaken by means specified in the plan; and
(g)
must set out the means, any legislation other than the plan, and the processes, that:
(i)
were used in assessing the impacts of actions that are provided for under the plan; and
(ii)
are to be used in assessing the impacts of actions that may arise during the life of the plan; and
(h)
must require that the impacts of any actions likely to have a significant impact on the relevant World Heritage or National Heritage values have been, or will be, assessed by means that provide environmental assessment processes that meet the recommendations of regulations 3.03 and 3.04 and Schedule 1; and
(i)
must provide that actions in relation to the property or place may be approved only in accordance with the plan; and
(j)
must require a decision‑maker to take account of the precautionary principle in making a decision in relation to the property or place; and
(k)
must set out the means, and any legislation other than the plan, that:
(i)
enable the setting of enforceable conditions to ensure that the relevant World Heritage or National Heritage values are conserved, protected, presented and transmitted to future generations and, if appropriate, rehabilitated; and
(ii)
provide for any subsequent monitoring, auditing and enforcement of approvals and any conditions attached to an approval; and
(l)
must set out means by which the plan will seek to prevent, or minimise the impacts of, any actions likely to degrade the relevant World Heritage or National Heritage values, including actions leading to cumulative degradation; and
(m)
must state that actions that will have unacceptable or unsustainable impacts (in particular, actions that will have a significant impact on the relevant World Heritage or National Heritage values) are inconsistent with the plan and cannot be approved; and
(n)
must set out means for the plan to be enforced, including, in appropriate circumstances, the imposition of penalties upon a person taking an action that is inconsistent with the plan; and
(o)
must ensure that management actions for values that are not the relevant World Heritage or National Heritage values are consistent with the management of the relevant World Heritage or National Heritage values; and
(p)
must promote the integration of Commonwealth, State or Territory, and local government responsibilities for the property or place; and
(q)
must provide for continuing monitoring and reporting on the state of the relevant World Heritage or National Heritage values; and
(r)
must provide that the plan is to be reviewed at intervals of not more than 5 years.
Criterion for law of State or Territory
(6)
For paragraph 46(3)(a) of the Act, the criterion that the law of the State or Territory under which the management plan is in force (or is to be in force) must be capable of providing protection for the relevant World Heritage or National Heritage values of the property or place is prescribed in relation to that law of the State or Territory.

Part 3Bilateral agreements to which s 47(1) of the Act applyDivision 3.1Preliminary3.01Application of Part 3

For paragraph 50(b) of the Act, this Part sets out the requirements that the Minister must be satisfied are met by a bilateral agreement that includes a declaration under subsection 47(1) of the Act before the Minister enters into the agreement.

Division 3.2General requirements3.02Classification of assessment approaches

The bilateral agreement must:
(a)
identify each assessment approach used in the manner of assessment specified in the agreement; and
(b)
for each assessment approach, state that it is taken to correspond to assessment:
(i)
on preliminary documentation under Division 4 of Part 8 of the Act; or
(ii)
by public environment report under Division 5 of Part 8 of the Act; or
(iii)
by environmental impact statement under Division 6 of Part 8 of the Act; or
(iv)
by inquiry under Division 7 of Part 8 of the Act.

3.03Public access to assessment documentation

(1)
The bilateral agreement must provide that documentation about each assessment made under the manner of assessment specified in the agreement must be made available to the public.
(2)
However, the bilateral agreement may provide that access to relevant documents may be restricted if it would not be available if the action to which the bilateral agreement applies had been assessed under Part 8 of the Act by the Commonwealth.
Note: Information is not available on the grounds of national security, if it is advice to the Minister or if it is commercial‑in‑confidence. See, for example, the Act, section 95.

3.04Public comment – particular needs groups

The bilateral agreement must provide that special arrangements should be made, if appropriate, to ensure that affected groups with particular communication needs have adequate opportunity to comment on actions to be assessed under the manner of assessment specified in the agreement.

Division 3.3Classes of actions not needing assessment3.05Application of Division 3.3

This Division applies to each manner of assessment specified in an agreement described in subsection 47(1) of the Act.

3.06Manner of assessment

The bilateral agreement may make a declaration in accordance with subsection 47(1) of the Act only if the specified manner of assessment meets the criteria mentioned in Schedule 1.

Part 4Referral of proposals to take action 4.01Purpose of Part 4

For section 72 of the Act, this Part sets out:
(a)
how to refer a proposal to take an action; and
(b)
what information such a referral must include.

4.02The way referrals must be made

(1)
A referral must:
(a)
be given to the Department; and
(b)
be made in writing or electronically; and
(c)
be of a length, size and form that can readily be:
(i)
understood by the public; and
(ii)
published on the internet.
(2)
A referral must be accompanied by a fee of $6,577.00, unless:

(a)
it is a referral that is:
(i)
made under section 69 or 71 of the Act; or
(ii)
made in response to a request under section 70 of the Act; or
(b)
it is accompanied by an application for a waiver (see regulation 5.21A) or a notification of qualification for an exemption (see regulation 5.23).
Note: For paragraph (a)—other fees under Division 5.6 may apply in relation to a referral of a kind mentioned in subparagraph (a)(i) or (ii).
(3)
If a referral is accompanied by an application for a waiver and the application is unsuccessful, a fee of $6,577.00 is payable.

4.03Information that must be included in referrals

(1)
A referral must include the information mentioned in Schedule 2.
(2)
However, information does not have to be included if it would, in all the circumstances, be unreasonable to expect the information to be included.
Example of information that does not have to be included:
Information of a kind that could only reasonably be obtained by preparing an environmental impact statement.
(3)
For subregulation (2), it would be unreasonable to expect the following classes of information to be included:
(a)
information that is confidential;
(b)
information that may endanger a species or site of environmental significance if disclosed.
Note 1: If the Minister believes on reasonable grounds that not enough information has been given for the Minister to decide whether the action is a controlled action, the Minister may ask for more information to be given—see section 76 of the Act.
Note 2: It is an offence to be reckless or negligent as to whether information provided under this regulation is false or misleading in a material particular—see section 489 of the Act.

4.04Notice of proposal to take action to comply with requirement or request

(1)
For paragraph 74AA(2)(c) of the Act, the notice must be:
(a)
made in writing or electronically; and
(b)
given to the Department.
(2)
The notice must contain the following:
(a)
the identification number allocated by the Department for the action;
(b)
a brief description or a descriptive title for the action;
(c)
the location of the action;
(d)
the name of the person who proposes to take the action;
(e)
the name of the designated proponent for the action;
(f)
an explanation why the taking of the action is reasonably necessary in order to comply with a requirement or request made under Part 7, 8 or 9 of the Act.

Part 4AReconsideration of a decision under section 75 of the Act 4AA.01Requirements for requests

(1)
For paragraph 78A(2)(c) of the Act, the requirements mentioned in this regulation are specified.
(2)
A request must:
(a)
identify the ground or grounds in paragraphs 78(1)(a) to (ca) of the Act that are being relied upon to make the request; and
(b)
include the source of any information provided; and
(c)
provide details of when the information became available.
(3)
For a matter protected under Part 3 of the Act, a request in relation to paragraph 78(1)(a) of the Act must also contain:
(a)
any new information that was not considered when the original decision was made; and
(b)
information that demonstrates that a change in the potential impacts of the action is likely to happen with a high degree of certainty.
(4)
For a matter protected under Part 3 of the Act, a request in relation to paragraph 78(1)(aa) of the Act must also contain information that:
(a)
identifies the changed circumstances; and
(b)
establishes why the circumstances were unforseen at the time the original decision was made; and
(c)
demonstrates that a change in the potential impacts of the action is likely to happen with a high degree of certainty.
(5)
A request in relation to subparagraph 78(1)(b)(ii) of the Act must also contain information that establishes that the action is not being taken, or will not be taken, in the manner identified in the original decision.

4A.01Notice of the outcome of reconsideration

(1)
For subsection 78C(3) of the Act, a notice must be published:
(a)
in the Gazette; and
(b)
at an appropriate location on the Internet; and
(c)
if the notice is relevant to the Territory of Norfolk Island, the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island—in the Government Gazette of the relevant Territory.
(2)
The notice must contain the following:
(a)
the identification number for the action, allocated by the Department;
(b)
a brief description or descriptive title for the action;
(c)
the location of the action;
(d)
the name of the person intending to take the action;
(e)
notice of the outcome of the reconsideration under subsection 78C(1) of the Act:
(i)
to confirm the decision; or
(ii)
to revoke the decision and substitute a new decision.

Part 5Assessing impact of controlled actionsDivision 5.1AAssessment on referral information5.03AMinister’s decision on an assessment on referral information

(1)
For subsection 87(4A) of the Act, the criteria for a decision by the Minister are all of the following:
(a)
the potential scale and nature of the relevant impacts of the action can be predicted with a high level of confidence;
(b)
the relevant impacts are expected to be short term, easily reversible or small in scale;
(c)
adequate information is available about relevant impacts on the matters protected;
(d)
the action is likely to have a significant impact on only a small number of protected matters or elements of each relevant protected matter;
(e)
if the information is available—the person proposing to take the action has a satisfactory record of responsible environmental management and compliance with environmental laws;
(f)
the degree of public concern about the action is, or is expected to be, moderately low.
(2)
In making a decision on an assessment on referral information, the Minister must not consider financial or economic factors.

Division 5.2Matters to be addressed by draft public environment report and environmental impact statement5.04Matters that must be addressed in draft public environment report and environmental impact statement

For paragraphs 97(2)(b) and 102(2)(b) of the Act, the Minister must seek to ensure a draft public environment report or environmental impact statement addresses the matters mentioned in Schedule 4.

Division 5.3Extension of the period of effect of approval5.05Information for application to Minister to extend the period of effect of approval

For subsection 145C(3) of the Act, the following information is prescribed:
(a)
the requested timeframe for the proposed extension to the period for which the approval has effect;
(b)
the reasons for the proposed extension;
(c)
where applicable, evidence that:
(i)
the conditions of approval have been complied with; and
(ii)
the conditions of approval have provided, and will continue to provide, adequate protection for matters of national environmental significance; and
(iii)
the impacts of the action on matters of national environmental significance have been, and will continue to be, similar in character and magnitude to those identified during the assessment of the action.

5.06Publication of notice of decision to extend the period of effect of approval

(1)
For paragraph 145D(4)(b) of the Act, notice of the decision must be published at an appropriate location on the Internet.
(2)
The notice must contain the following:
(a)
the identification number for the action, allocated by the Department;
(b)
a descriptive title for the action;
(c)
a brief description of the action that may be taken;
(d)
the location of the action;
(e)
the name of the person to whom the approval was granted;
(f)
notice that the period of effect of the approval has been extended;
(g)
the period for which the approval has effect;
(h)
any conditions attached to the approval;
(i)
the date of the decision.

Division 5.4Variations of proposals to take actions5.07Manner of request to vary a proposal to take an action

For paragraph 156A(3)(a) of the Act, a request under subsection 156A(1) of the Act must be:
(a)
made in writing or electronically; and
(b)
given or sent to the Department.

5.08Information for a request to vary a proposal to take an action

For paragraph 156A(3)(b) of the Act, a request under subsection 156A(1) of the Act must contain the following information:
(a)
details of the proposed variation to the action;
(b)
the reasons for the proposed variation;
(c)
how the impacts of the proposed variation on matters of national environmental significance compare with those of the original proposal;
(d)
if applicable, the impacts of the proposed variation on matters of national environmental significance not considered in the referral or assessment of the original proposal;
(e)
if applicable, alternatives, mitigation measures and offsets to compensate for additional impacts on matters of national environmental significance.

5.09Publication of the notice of decision

(1)
For subsection 156E(3) of the Act, notice of the decision must be published at an appropriate location on the Internet.
(2)
The notice must contain the following:
(a)
the identification number for the action, allocated by the Department;
(b)
a descriptive title for the action;
(c)
a brief description of the original action;
(d)
the location of the original action;
(e)
the name of the person intending to take the action;
(f)
notice that the Minister has accepted the variation of the referred action;
(g)
a description of the varied action;
(h)
the location of the varied action;
(i)
the date on which the variation came into effect.

Division 5.5Change of person proposing to take an action5.10Information for notice of change of person proposing to take an action

For subsection 156F(3) of the Act, a notice under subsection 156F(1) of the Act must contain the following:
(a)
the identification number for the action, allocated by the Department;
(b)
a brief description or a descriptive title for the action;
(c)
the location of the action;
(d)
the name and contact details of the person who originally proposed to take the action (the first person);
(e)
a declaration of whether:
(i)
the first person was exempt from paying the fee mentioned in subregulation 4.02(2), or a fee that would have otherwise been payable under Division 5.6, in relation to the assessment of the impacts of the action, and if so, which fee or fees; or
(ii)
all or part of the fee mentioned in subregulation 4.02(2), or a fee that would have otherwise been payable under Division 5.6 by the first person, in relation to the assessment of the impacts of the action, was waived, and if so, which fee or fees and the amount of each fee that was waived;
(f)
the name and contact details of the person now proposing to take the action (the second person);
(g)
if the second person has an ABN—the second person’s ABN;
(h)
if the second person has an ACN—the second person’s ACN;
(i)
a declaration of whether:
(i)
the second person would be exempt from paying the fee mentioned in subregulation 4.02(2), or a fee that would otherwise be payable under Division 5.6, in relation to the assessment of the impacts of the action, and if so, which fee or fees; or
(ii)
the second person intends to apply for a waiver of all or part of the fee mentioned in subregulation 4.02(2), or a fee that would otherwise be payable under Division 5.6, in relation to the assessment of the impacts of the action, and if so, which fee or fees.

5.11Publication of notice of change of person proposing to take an action

For subsection 156F(5) of the Act, the notice must be published at an appropriate location on the Internet.

Division 5.6FeesSubdivision ADefinitions and key concepts5.12ADefinitions

In this Division:
aggregated turnover has the same meaning as in the Income Tax Assessment Act 1997.
application component: see subregulation 5.12B(2).
base fee means the fee payable for assessing the impacts of an action and set out in the Subdivision that deals with the approach to be used for assessing the impacts of the action.
complexity fee, for an assessment of the impacts of an action, means the sum of the amounts payable for:
(a)
each application component; and
(b)
each controlling provision component; and
(c)
if applicable—the exceptional case component; and
(d)
the legislative impact component; and
(e)
the project composition component.
controlling provision component: see subregulation 5.12B(3).
exceptional case component: see subregulation 5.12B(4).
high complexity:
(a)
in relation to an application component: see subregulation 5.12C(1); and
(b)
in relation to a controlling provision component: see subregulation 5.12D(1); and
(c)
in relation to a legislative impact component: see subregulation 5.12F(1).
income year has the same meaning as in the Income Tax Assessment Act 1997.
legislative impact component: see subregulation 5.12B(5).
low complexity:
(a)
in relation to an application component: see subregulation 5.12C(1); and
(b)
in relation to a legislative impact component: see subregulation 5.12F(1).
matter protected by a provision of Part 3 has the same meaning as in section 528 of the Act.
moderate complexity:
(a)
in relation to an application component: see subregulation 5.12C(1); and
(b)
in relation to a controlling provision component: see subregulation 5.12D(1); and
(c)
in relation to a legislative impact component: see subregulation 5.12F(1).
project component: see paragraph 5.12G(1)(b).
project composition component: see subregulation 5.12B(6).
referral fee means the fee mentioned in subregulation 4.02(2).
small business entity has the meaning given by section 328‑110 (other than subsection 328‑110(4)) of the Income Tax Assessment Act 1997.
very high complexity:
(a)
in relation to an application component: see subregulation 5.12C(1); and
(b)
in relation to a controlling provision component: see subregulation 5.12D(1); and
(c)
in relation to a legislative impact component: see subregulation 5.12F(1).

5.12BComponents of a complexity fee

(1)
The complexity fee for an assessment of the impacts of an action includes the following components:
(a)
3 application components;
(b)
one or more controlling provision components;
(c)
if applicable—the exceptional case component;
(d)
a legislative impact component;
(e)
a project composition component.
(2)
An application component applies, in relation to the assessment of the impacts of an action, for each of the following types of information required to be included in the referral of the action:
(a)
information mentioned in paragraph 4.01(a) or (j) of Schedule 2 (about the proposed action);
(b)
information mentioned in item 5.02, 5.04 or 5.05 of Schedule 2 (about the nature and extent of the likely impacts of the action);
(c)
information mentioned in item 6.01, 6.02 or 6.03 of Schedule 2 (about measures to avoid or reduce the impacts of the action).
(3)
A controlling provision component applies, in relation to the assessment of the impacts of an action, for each Subdivision of a Division of Part 3 of the Act that includes a controlling provision for the action.
(4)
An exceptional case component applies in relation to the assessment of the impacts of an action if the action is of a kind determined by the Minister under subregulation 5.12E(1).
(5)
A legislative impact component applies, in relation to the assessment of the impacts of an action, for the legislative processes involved in the assessment (whether or not there are any).
(6)
A project composition component applies, in relation to the assessment of the impacts of an action, for the activities to be carried out in taking the action (known as project components), as determined by the Minister under subregulation 5.12G(1).

5.12CDetermination for each application component

(1)
The Minister may determine that an application component is of low complexity, moderate complexity, high complexity or very high complexity.
(2)
When making a determination under this regulation, the Minister must consider the adequacy of the information provided.
(3)
A determination made under this regulation is not a legislative instrument.

5.12DDetermination for each controlling provision component

(1)
The Minister may determine that a controlling provision component that applies in relation to the assessment of the impacts of an action is of moderate complexity, high complexity or very high complexity.
(2)
When making a determination under this regulation, the Minister must consider the following:
(a)
the matters referred to in paragraphs 87(3)(a) to (e) of the Act;
(b)
how well understood are the impacts of the action on each matter protected by a controlling provision included in the Subdivision to which the controlling provision component relates;
(c)
how well understood are the options for managing or offsetting the impacts of the action on each matter protected by a controlling provision included in the Subdivision to which the controlling provision component relates;
(d)
if section 18, 18A, 20 or 20A of the Act is relevant to the action—the number of species and communities to be included in the assessment;
(e)
if section 23 or 24A of the Act is relevant to the action—any bioregional plan for a bioregion that includes the area, or any part of the area, in which the action is taken or in which the action has, will have or is likely to have impacts.
World Heritage property that is also a National Heritage place
(5)
If a declared World Heritage property is also a National Heritage place, the Minister may make a determination under this regulation only in relation to the declared World Heritage property.
Listed threatened species that are also listed migratory species
(6)
If a listed threatened species is also a listed migratory species, the Minister may make a determination under this regulation only in relation to the listed threatened species.
(7)
A determination made under this regulation is not a legislative instrument.

5.12EDetermination for an exceptional case component

(1)
The Minister may determine, in relation to an action, that:
(a)
both:
(i)
the action is of a kind that has not been taken before; and
(ii)
the Minister considers that the impacts are uncertain; or
(b)
the Minister considers that the impacts of the action on the environment are very high because there are threats of serious or irreversible environmental damage.
(2)
A determination made under this regulation is not a legislative instrument.

5.12FDetermination for the legislative impact component

(1)
The Minister may determine that a legislative impact component is of low complexity, moderate complexity, high complexity or very high complexity.
(2)
When making a determination under this regulation, the Minister must consider:
(a)
how many (if any) legislative processes of the following kinds are involved in the assessment of the action:
(i)
a specified manner of assessment in accordance with a bilateral agreement, including a declaration described in section 47 of the Act;
(ii)
an accredited assessment process mentioned in paragraph 87(1)(a) of the Act;
(iii)
the implementation of a project mentioned in paragraph 160(2)(a) of the Act;
(iv)
the adoption or implementation of a plan mentioned in paragraph 160(2)(b) or (c) of the Act;
(v)
an action prescribed by the regulations for the purposes of paragraph 160(2)(d) of the Act; and
(b)
whether any other process related to the action is being carried out under a law of the Commonwealth or of a State or Territory and, if so, the nature of the process and the extent to which steps to be carried out under that process may be coordinated with processes referred to in paragraph (a).
(6)
When making a determination under this regulation, the Minister must consider the matters referred to in paragraphs 87(3)(a) to (e) of the Act.
(7)
A determination made under this regulation is not a legislative instrument.

5.12GDetermination for the project composition component

(1)
The Minister may determine:
(a)
the number of activities that are to be carried out in taking an action that is being assessed; and
(b)
that each such activity is a project component.
(2)
A determination made under this regulation is not a legislative instrument.

5.12HMaking determinations

(1)
For the purposes of paragraph 520(4C)(c) of the Act, the making of a determination under regulation 5.12C, 5.12D, 5.12E, 5.12F or 5.12G is a method for working out a fee.
(2)
Regulations 5.12C, 5.12D, 5.12E, 5.12F or 5.12G do not limit the matters that the Minister may consider in making a determination under any of those regulations.

Subdivision BFees5.12JSchedule of fees

(1)
When the Minister gives written notice to the person proposing to take an action of the approach to be used for assessing the impacts of the action under subsection 91(1) of the Act, the Minister must also give the person a fee schedule that sets out the following:
(a)
the base fee;
(b)
the complexity fee;
(c)
a breakdown of the complexity fee, itemising the amounts payable for:
(i)
each application component; and
(ii)
each controlling provision component; and
(iii)
if applicable—the exceptional case component; and
(iv)
the legislative impact component; and
(v)
the project composition component;
(d)
the level of complexity determined for the application components, the controlling provision components and the legislative impact component;
(e)
the fees payable for each stage of the assessment.
(2)
The fee schedule may set out the estimated amount payable for each application component of the complexity fee, but for all other fees, the fee schedule must set out the actual amount payable.
(3)
Before stage 3 of an approach used for assessing the impacts of an action occurs, the Minister must give the person proposing to take the action another fee schedule that sets out the actual amount payable for each application component of the complexity fee, and this amount must not be more than the estimated amount payable for the component.
(4)
If the Minister is satisfied that there is an error in a fee schedule given to a person, the Minister may give the person a corrected fee schedule.

5.12KAmount of fees

Base fee
(1)
A base fee is payable for the assessment of the impacts of an action. The amount of the fee depends on the approach to be used for assessing the impacts of the action.
Note: The amount of the base fee is set out in the Subdivision of this Division that deals with the assessment approach.
Complexity fee—application component
(2)
The amount payable, for an application component for a type of information mentioned in subregulation 5.12B(2), is the amount specified in the table for the type and the level of complexity.

Complexity fee—application component
Item	Type of information	Low complexity	Moderate complexity	High complexity	Very high complexity
1	the type mentioned in paragraph 5.12B(2)(a)	nil	$10,982.00	$34,949.00	$62,399.00
2	the type mentioned in paragraph 5.12B(2)(b)	nil	$10,982.00	$34,949.00	$84,311.00
3	the type mentioned in paragraph 5.12B(2)(c)	nil	$10,982.00	$34,949.00	$95,311.00

Complexity fee—controlling provision component
(3)
The amount payable for a controlling provision component is:
(a)
for moderate complexity—$6,742.00; and
(b)
for high complexity—$25,615.00; and
(c)
for very high complexity—$48,931.00.
(4)
Despite subregulation (3), if:
(a)
the controlling provision component is for Subdivision FA (Great Barrier Reef Marine Park) of Division 1 of Part 3 of the Act (the Great Barrier Reef component); and
(b)
there is also a controlling provision component for Subdivision A (World Heritage) or AA (National Heritage) of Division 1 of Part 3 of the Act;
then the amount payable for the Great Barrier Reef component is:
(c)
for moderate complexity—$3,371.00; and
(d)
for high complexity—$12,808.00; and
(e)
for very high complexity—$24,465.00.
Complexity fee—exceptional case component
(5)
The amount payable for an exceptional case component is $592,086.00.
Complexity fee—legislative impact component
(6)
The amount payable for a legislative impact component is:
(a)
for low complexity—nil; and
(b)
for moderate complexity—$8,033.00; and
(c)
for high complexity—$16,065.00; and
(d)
for very high complexity—$33,162.00.
Complexity fee—project composition component
(7)
The amount payable for a project composition component is set out in the Subdivision of this Division that deals with the approach to be used for assessing the impacts of the action.

Subdivision CBilateral agreement or accredited assessment process5.13Application

This Subdivision applies if:
(a)
an action is to be assessed in a specified manner for the purposes of a bilateral agreement that includes a declaration described in section 47 of the Act; or
(b)
the Minister has decided under section 87 of the Act that the relevant impacts of an action are to be assessed by an accredited assessment process.

5.13ADefinitions

(1)
In this Subdivision:
assessment report has the same meaning as in the section 528 of the Act.
Environment Minister means the Minister administering Chapter 2 of the Act.
stage 1:
(a)
if the accredited assessment process involves a draft report being prepared in accordance with terms of reference (however described)—stage 1 begins when the terms of reference are given to the Environment Minister for review; and
(b)
if paragraph (a) does not apply—stage 1 does not occur.
stage 2:
(a)
if the accredited assessment process involves a draft report being prepared in accordance with terms of reference (however described)—stage 2 begins when the draft report is given to the Environment Minister for review; and
(b)
if paragraph (a) does not apply—stage 2 does not occur.
stage 3:
(a)
if the accredited assessment process involves the finalisation of a draft report—stage 3 begins when the finalised report is given to the Environment Minister for review; and
(b)
if paragraph (a) does not apply—stage 3 does not occur.
stage 4: stage 4 begins when an assessment report, prepared by relevant Commonwealth, State or Territory officials under the accredited assessment process, is given to the Environment Minister.
(2)
To avoid doubt, if:
(a)
paragraph (b) of the definition of stage 1 or stage 2 applies, no base fee or Part A complexity fee is payable for that stage; and
(b)
paragraph (b) of the definition of stage 3 applies, no base fee, Part A complexity fee or Part B complexity fee is payable for that stage.
Note: For Part A complexity fee and Part B complexity fee, see regulation 5.13C.

5.13BBase fee payable in stages

(1)
The base fee for the assessment of the action is payable in 4 stages, before each stage begins.
(2)
The amount of the base fee payable for each stage is set out in the following table:

Base fee for assessment by an accredited assessment process
Item	Stage	Amount payable
1	stage 1	$3,961.00
2	stage 2	$3,655.00
3	stage 3	$2,175.00
4	stage 4	$8,355.00

5.13CComplexity fee payable in stages

Complexity fee to be split
(1)
The complexity fee is to be split into:
(a)
the Part A complexity fee, which is the sum of the fees for:
(i)
each controlling provision component; and
(ii)
if applicable—the exceptional case component; and
(iii)
the legislative impact component; and
(iv)
the project composition component; and
(b)
the Part B complexity fee, which is the sum of the fee for each application component.
Part A complexity fee
(2)
The Part A complexity fee for the assessment of the action is payable in 4 stages, before each stage begins.
(3)
The percentage of the Part A complexity fee payable for each stage is set out in the following table:

Part A complexity fee for assessment by an accredited assessment process
Item	Stage	Percentage payable
1	stage 1	12%
2	stage 2	19%
3	stage 3	20%
4	stage 4	49%

Part B complexity fee
(4)
The Part B complexity fee for the assessment of the action is payable in 2 stages as follows:
(a)
50% before the beginning of stage 3; and
(b)
50% before the beginning of stage 4.

5.13DAmount of project composition component

The amount of the project composition component of the complexity fee is:
(a)
if there is one project component—nil; and
(b)
if there are 2 or more project components—the amount worked out using the following formula:

Note: Regulation 5.12K sets out the amounts of the other components of a complexity fee.

5.13EMethod for working out complexity fee

For paragraph 520(4C)(c) of the Act:
(a)
the sum of the fees mentioned in paragraph 5.13C(1)(a) is the method for working out the Part A complexity fee; and
(b)
the sum of the fee for each application component, as mentioned in paragraph 5.13C(1)(b), is the method for working out the Part B complexity fee.

Subdivision DAssessment on referral information5.14Application

This Subdivision applies if the Minister has decided under section 87 of the Act that the relevant impacts of an action are to be assessed by assessment on referral information under Division 3A of Part 8 of the Act.

5.14ADefinitions

In this Subdivision:
stage 1 begins when the Secretary starts to prepare a draft recommendation report, as required by subsection 93(2) of the Act.
stage 2 begins when the Secretary starts to finalise the draft recommendation report, as required by subsection 93(4) of the Act.
stage 3 begins when the Secretary gives the Minister the finalised recommendation report, as required by subsection 93(5) of the Act.

5.14BBase fee payable in stages

(1)
The base fee for the assessment of the action is payable in 3 stages, before each stage begins.
(2)
The amount of the base fee payable for each stage is set out in the following table:

Base fee for assessment on referral information
Item	Stage	Amount payable
1	stage 1	$4,561.00
2	stage 2	$2,739.00
3	stage 3	$1,664.00

5.14CComplexity fee payable in stages

(1)
The complexity fee for the assessment of the action is payable in 3 stages, before each stage begins.
(2)
The percentage of the complexity fee payable for each stage is set out in the following table:

Complexity fee for assessment on referral information
Item	Stage	Percentage payable
1	stage 1	51%
2	stage 2	31%
3	stage 3	18%

5.14DAmount of project composition component

The amount of the project composition component of the complexity fee is:
(a)
if there is one project component—nil; and
(b)
if there are 2 or more project components—the amount worked out using the following formula:

Note: Regulation 5.12K sets out the amounts of the other components of a complexity fee.

5.14EMethod for working out complexity fee

For the purposes of paragraph 520(4C)(c) of the Act, the sum of the fees for the following components is the method for working out the complexity fee referred to in regulation 5.14C:
(a)
each controlling provision component;
(b)
if applicable—the exceptional case component;
(c)
the legislative impact component;
(d)
the project composition component.

Subdivision EAssessment on preliminary documentation5.15Application

This Subdivision applies if the Minister has decided under section 87 of the Act that the relevant impacts of an action are to be assessed by assessment on preliminary documentation under Division 4 of Part 8 of the Act.

5.15ADefinitions

(1)
In this Subdivision:
stage 1:
(a)
if section 95A of the Act applies—stage 1 begins when the request under subsection 95A(2) of the Act starts to be prepared; and
(b)
if section 95A of the Act does not apply—stage 1 does not occur.
stage 2:
(a)
if section 95A of the Act applies—stage 2 begins when the Minister receives the information requested under subsection 95A(2) of the Act; and
(b)
if section 95A of the Act does not apply—stage 2 does not occur.
stage 3: stage 3 begins when the designated proponent has given the Minister a copy of the document and comments as required by paragraph 95B(1)(b) of the Act or a written statement as required by subsection 95B(3) of the Act, as applicable.
stage 4: stage 4 begins when a recommendation report starts to be prepared under subsection 95C(1) of the Act.
(2)
To avoid doubt, if paragraph (b) of the definition of stage 1 or stage 2 applies, no base fee or Part A complexity fee is payable for that stage.
Note: For Part A complexity fee, see regulation 5.15C.

5.15BBase fee payable in stages

(1)
The base fee for the assessment of the action is payable in 4 stages, before each stage begins.
(2)
The amount of the base fee payable for each stage is set out in the following table:

Base fee for assessment on preliminary documentation
Item	Stage	Amount payable
1	stage 1	$2,074.00
2	stage 2	$2,289.00
3	stage 3	$852.00
4	stage 4	$2,795.00

5.15CComplexity fee payable in stages

Complexity fee to be split
(1)
The complexity fee is to be split into:
(a)
the Part A complexity fee, which is the sum of the fees for:
(i)
each controlling provision component; and
(ii)
if applicable—the exceptional case component; and
(iii)
the legislative impact component; and
(iv)
the project composition component; and
(b)
the Part B complexity fee, which is the sum of the fees for each application component.
Part A complexity fee
(2)
The Part A complexity fee for the assessment of the action is payable in 4 stages, before each stage begins.
(3)
The percentage of the Part A complexity fee payable for each stage is set out in the following table:

Part A complexity fee for assessment on preliminary documentation
Item	Stage	Percentage payable
1	stage 1	12%
2	stage 2	19%
3	stage 3	20%
4	stage 4	49%

Part B complexity fee
(4)
The Part B complexity fee for the assessment of the action is payable in 2 stages as follows:
(a)
50% before the beginning of stage 3; and
(b)
50% before the beginning of stage 4.

5.15DAmount of project composition component

The amount of the project composition component of the complexity fee is:
(a)
if there is one project component—nil; and
(b)
if there are 2 or more project components—the amount worked out using the following formula:

Note: Regulation 5.12K sets out the amounts of the other components of a complexity fee.

5.15EMethod for working out complexity fee

For paragraph 520(4C)(c) of the Act:
(a)
the sum of the fees mentioned in paragraph 5.15C(1)(a) is the method for working out the Part A complexity fee; and
(b)
the sum of the fee for each application component, as mentioned in paragraph 5.15C(1)(b), is the method for working out the Part B complexity fee.

Subdivision FPublic environment reports5.16Application

This Subdivision applies if the Minister has decided under section 87 of the Act that the relevant impacts of an action are to be assessed by a public environment report under Division 5 of Part 8 of the Act.

5.16ADefinitions

(1)
In this Subdivision:
PER guidelines, in relation to a designated proponent, has the same meaning as in subsection 96A(1) of the Act.
stage 1:
(a)
if the Minister decides under paragraph 96A(2)(a) of the Act that standard guidelines are not appropriate for the preparation of the draft report—stage 1 begins when the tailored guidelines start to be prepared; and
(b)
otherwise—stage 1 does not occur.
stage 2: stage 2 begins when the draft report is given to the Minister, as required by paragraph 98(1)(ab) of the Act.
stage 3: stage 3 begins when the designated proponent has given the Minister the documents required under subsection 99(3) of the Act.
stage 4: stage 4 begins when a recommendation report starts to be prepared under subsection 100(1) of the Act.
(2)
To avoid doubt, if paragraph (b) of the definition of stage 1 applies, no base fee or Part A complexity fee is payable for that stage.
Note: For Part A complexity fee, see regulation 5.16C.

5.16BBase fee payable in stages

(1)
The base fee for the assessment of the action is payable in 4 stages, before each stage begins.
(2)
The amount of the base fee payable for each stage is set out in the following table:

Base fee for assessment by a public environment report
Item	Stage	Amount payable
1	stage 1	$4,715.00
2	stage 2	$5,394.00
3	stage 3	$7,119.00
4	stage 4	$8,355.00

5.16CComplexity fee payable in stages

Complexity fee to be split
(1)
The complexity fee is to be split into:
(a)
the Part A complexity fee, which is the sum of the fees for:
(i)
each controlling provision component; and
(ii)
if applicable—the exceptional case component; and
(iii)
the legislative impact component; and
(iv)
the project composition component; and
(b)
the Part B complexity fee, which is the sum of the fee for each application component.
Part A complexity fee
(2)
The Part A complexity fee for the assessment of the action is payable in 4 stages, before each stage begins.
(3)
The percentage of the Part A complexity fee payable for each stage is set out in the following table:

Part A complexity fee for assessment by a public environment report
Item	Stage	Percentage payable
1	stage 1	12%
2	stage 2	19%
3	stage 3	20%
4	stage 4	49%

Part B complexity fee
(4)
The Part B complexity fee for the assessment of the action is payable in 2 stages as follows:
(a)
50% before the beginning of stage 3; and
(b)
50% before the beginning of stage 4.

5.16DAmount of project composition component

The amount of the project composition component of the complexity fee is:
(a)
if there is one project component—nil; and
(b)
if there are 2 or more project components—the amount worked out using the following formula:

Note: Regulation 5.12K sets out the amounts of the other components of a complexity fee.

5.16EMethod for working out complexity fee

For paragraph 520(4C)(c) of the Act:
(a)
the sum of the fees mentioned in paragraph 5.16C(1)(a) is the method for working out the Part A complexity fee; and
(b)
the sum of the fee for each application component, as mentioned in paragraph 5.16C(1)(b), is the method for working out the Part B complexity fee.

Subdivision GEnvironmental impact statements5.17Application

This Subdivision applies if the Minister has decided under section 87 of the Act that the relevant impacts of an action are to be assessed by an environmental impact statement under Division 6 of Part 8 of the Act.

5.17ADefinitions

(1)
In this Subdivision:
EIS guidelines, in relation to a designated proponent, has the same meaning as in subsection 101A(1) of the Act.
stage 1:
(a)
if the Minister decides under paragraph 101A(2)(b) of the Act that standard guidelines are not appropriate for the preparation of the draft statement—stage 1 begins when the tailored guidelines start to be prepared; and
(b)
otherwise—stage 1 does not occur.
stage 2: stage 2 begins when the draft report is given to the Minister, as required by paragraph 103(1)(ab) of the Act.
stage 3: stage 3 begins when the designated proponent has given the Minister the documents required under subsection 104(3) of the Act.
stage 4: stage 4 begins when a recommendation report starts to be prepared under subsection 105(1) of the Act.
(2)
To avoid doubt, if paragraph (b) of the definition of stage 1 applies, no base fee or Part A complexity fee is payable for that stage.
Note: For Part A complexity fee, see regulation 5.17C.

5.17BBase fee payable in stages

(1)
The base fee for the assessment of the action is payable in 4 stages, before each stage begins.
(2)
The amount of the base fee payable for each stage is set out in the following table:

Base fee for assessment by an environmental impact statement
Item	Stage	Amount payable
1	stage 1	$4,715.00
2	stage 2	$5,394.00
3	stage 3	$7,119.00
4	stage 4	$8,355.00

5.17CComplexity fee payable in stages

Complexity fee to be split
(1)
The complexity fee is to be split into:
(a)
the Part A complexity fee, which is the sum of the fees for:
(i)
each controlling provision component; and
(ii)
if applicable—the exceptional case component; and
(iii)
the legislative impact component; and
(iv)
the project composition component; and
(b)
the Part B complexity fee, which is the sum of the fee for each application component.
Part A complexity fee
(2)
The Part A complexity fee for the assessment of the action is payable in 4 stages, before each stage begins.
(3)
The percentage of the Part A complexity fee payable for each stage is set out in the following table:

Part A complexity fee for assessment by an environmental impact statement
Item	Stage	Percentage payable
1	stage 1	12%
2	stage 2	19%
3	stage 3	20%
4	stage 4	49%

Part B complexity fee
(4)
The Part B complexity fee for the assessment of the action is payable in 2 stages, as follows:
(a)
50% at the beginning of stage 3; and
(b)
50% at the beginning of stage 4.

5.17DAmount of project composition component

The amount of the project composition component of the complexity fee is:
(a)
if there is one project component—nil; and
(b)
if there are 2 or more project components—the amount worked out using the following formula:

Note: Regulation 5.12K sets out the amounts of the other components of a complexity fee.

5.17EMethod for working out complexity fee

For paragraph 520(4C)(c) of the Act:
(a)
the sum of the fees mentioned in paragraph 5.17C(1)(a) is the method for working out the Part A complexity fee; and
(b)
the sum of the fee for each application component, as mentioned in paragraph 5.17C(1)(b), is the method for working out the Part B complexity fee.

Subdivision HAction management plans

5.18Fee for the approval of an action management plan

(1)
This regulation applies if a person proposing to take an action elects, or is taken to have elected, under section 132B of the Act to submit an action management plan for approval.
Note: An election is taken to have been made if an approval is varied to add a condition requiring an action management plan, see subsection 143(1A) of the Act.
(2)
For subsection 520(4A) of the Act, the fee for assessing the action management plan is $2,690.00.
(3)
For subparagraph 520(4C)(e)(i) of the Act, the fee is payable before the assessment of the action management plan begins.

5.18AInviting public comment before approving action management plan

For subsection 134A(2) of the Act:
(a)
an action management plan and invitation to comment must be published on the internet; and
(b)
the invitation to comment must include:
(i)
the decision approving the taking of the action to which the plan relates; and
(ii)
any conditions that are attached to the approval.

5.18BVariation of action management plan

(1)
This regulation applies if, under section 143A of the Act, the holder of an approval applies to the Minister for the variation of an action management plan.
(2)
For subparagraph 143A(2)(b)(i) of the Act, the application must:
(a)
state the following information:
(i)
the holder’s contact details;
(ii)
if the holder has an ABN—the holder’s ABN;
(iii)
if the holder has an ACN—the holder’s ACN;
(iv)
the referral number; and
(b)
be accompanied by the following:
(i)
a draft of the proposed variation;
(ii)
an explanation of the differences between the plan as approved and the plan as proposed to be varied;
(iii)
a written statement that sets out the reasons why the holder considers that the proposed variation is required and identifies any impacts on matters protected by a provision of Part 3 that would, or would be likely to, arise if the plan were implemented as varied.
(3)
For subparagraph 143A(2)(b)(ii) of the Act, the following application fees are prescribed:
(a)
subject to paragraph (5)(b) of this regulation, if the applicant considers that the variation is of an administrative nature—a fee of $710.00;
(b)
in any other case—a fee of $2,690.00.
Note: The application must be accompanied by the application fee and the Minister need not consider the application if it is not. See paragraph 143A(2)(b) of the Act and section 521A of the Act.
(5)
If the Minister considers that a proposed variation of an action management plan by the holder of an approval is not of an administrative nature, then:
(a)
the Minister must notify the holder of the approval of that fact; and
(b)
the holder of the approval must pay the difference between the fee paid and the fee set out in paragraph (3)(b).
(6)
For paragraph 520(4C)(c) of the Act, the Minister’s notification mentioned in paragraph (5)(a) is taken to be a method for working out the application fee for a variation of an action management plan.

Subdivision IOther fees5.19Request to provide specified information

(1)
Subject to subregulation (2), if the Minister makes a request for specified information to be provided under:
(a)
section 76, 89 or 132 of the Act; or
(b)
subsection 134(3D) of the Act;
the information provided in response to the request must be accompanied by a fee of $1,701.00.
Note: The Minister need not consider the information if it is not accompanied by the fee. See section 521A of the Act.
(2)
If the Minister makes a request for specified information to be provided under section 132 or subsection 134(3D) of the Act in relation to an action that has been, is being, or is to be, assessed by:
(a)
a public environment report under Division 5 of Part 8 of the Act; or
(b)
an environmental impact statement under Division 6 of Part 8 of the Act;
the information provided in response to the request must be accompanied by a fee of $7,476.00.
Note: The Minister need not consider the information if it is not accompanied by the fee. See section 521A of the Act.
(3)
Despite subregulations (1) and (2), no fee is payable in relation to:
(a)
a request referred to in subsection 76(4) or 89(2) of the Act (about assessments by a State or Territory); or
(b)
a request made under section 132 of the Act to a person who is neither the person proposing to take the action nor the designated proponent of the action.

5.19ARequest for reconsideration of a decision under subsection 75(1) of the Act

If the Minister is requested, under section 78A of the Act, by:
(a)
the person proposing to take an action; or
(b)
the designated proponent of the action (if the designated proponent is not the person proposing to take the action);
to reconsider a decision made under subsection 75(1) of the Act about the action, the request must be accompanied by a fee of $6,577.00.
Note: The Minister need not consider the request if it is not accompanied by the fee. See section 521A of the Act.

5.19BRequest to vary a condition attached to an approval

If, under subsection 143(1B) of the Act, the holder of an approval requests the Minister to vary a condition attached to an approval of an action, the request must be accompanied by a fee of $2,690.00.
Note: The Minister need not consider the request if it is not accompanied by the fee. See section 521A of the Act.

5.19CRequest for Minister’s consent to transfer of approval

If a person requests the Minister to decide under section 145B of the Act whether or not to consent to the transfer of an approval, the request must be accompanied by a fee of $1,967.00.
Note: The Minister need not consider the request if it is not accompanied by the fee. See section 521A of the Act.

5.19DApplication to extend period of effect of approval

If a person applies to the Minister under subsection 145C(1) of the Act to extend the period for which an approval has effect, the application must be accompanied by a fee of $2,690.00.
Note: The Minister need not consider the application if it is not accompanied by the fee. See section 521A of the Act.

5.19ERequest to vary proposal to take an action

If a person requests the Minister under subsection 156A(1) of the Act to accept a variation of a proposal to take an action, the request must be accompanied by a fee of $1,353.00.
Note: The Minister need not consider the request if it is not accompanied by the fee. See section 521A of the Act.

Subdivision JReconsideration of fees5.20Application for reconsideration of fee

Requirements of an application
(1)
For paragraph 514Y(3)(a) of the Act, an application must:
(a)
be in writing; and
(b)
set out the following:
(i)
the applicant’s name and contact details;
(ii)
if the applicant has an ABN—the applicant’s ABN;
(iii)
if the applicant has an ACN—the applicant’s ACN;
(iv)
the referral number;
(v)
the kind of fee to be reconsidered;
(vi)
the amount of the fee;
(vii)
the method that was used to work out the fee; and
(c)
acknowledge that as a result of the reconsideration:
(i)
a new fee may be worked out; and
(ii)
the new fee may be higher than the original fee.
Limit on application by a transferee
(2)
To avoid doubt, if:
(a)
section 145B of the Act applies in relation to an action; and
(b)
the transferor mentioned in subsection 145B(1) of the Act applied for a reconsideration of the referral fee or any other fee payable under this Division in relation to the assessment of the impacts of the action;
the transferee mentioned in subsection 145B(1) of the Act may not apply for a reconsideration of a fee in respect of which an application has previously been made.
Limit on application by a second person in case of a change of person taking action
(3)
To avoid doubt, if:
(a)
section 156F of the Act applies in relation to an action; and
(b)
the first person mentioned in subsection 156F(1) of the Act applied for a reconsideration of the referral fee or any other fee payable under this Division in relation to the assessment of the impacts of the action;
the second person mentioned in subsection 156F(1) of the Act may not apply for a reconsideration of a fee in respect of which an application has previously been made.

5.20AReconsideration results in higher fee

(1)
If:
(a)
the method used to work out a fee is reconsidered under section 514YA of the Act; and
(b)
as a result of the reconsideration, a new fee is worked out by using the method again; and
(c)
the new fee is higher than the original fee;
the person must pay the new fee, or if the person had paid the original fee, the amount by which the new fee is higher than the original fee.
(2)
The amount of the new fee or by which the new fee is higher than the original fee:
(a)
is a debt due by the person to the Commonwealth; and
(b)
may be recovered by action in a court of competent jurisdiction.

Subdivision KWaiver of fees5.21Waiver of all or part of a fee

(1)
For subparagraph 520(4C)(e)(iv) of the Act, the Minister may, at the Minister’s discretion, waive all or a part of a fee that would otherwise be payable under this Division in the following circumstances:
(a)
in respect of an action that has been, is being, or is to be, assessed—the Minister considers that the action’s primary objective is to protect the environment, or protect and conserve heritage, in a way that is consistent with the objects of the Act;
(b)
the Minister considers that:
(i)
it is in the public interest to do so; or
(ii)
there are other exceptional circumstances justifying the waiver.
(2)
The Minister’s power under subregulation (1) may be exercised:
(a)
on the Minister’s own initiative; or
(b)
on the application of a person proposing to take an action.

5.21AApplication for waiver of fee

(1)
A person proposing to take an action may apply for all or part of a fee to be waived.
(2)
The application may be made:
(a)
if the Minister has made a determination under subsection 70(3) of the Act in relation to a requested person—within 10 business days of a copy of the determination being given to the requested person; and
(b)
if a referral is made and a person is informed of the referral under section 73 of the Act—within 10 business days of the person being so informed; and
(c)
if section 145B of the Act applies in relation to the action—at the same time as the Minister’s consent is sought under that section; and
(d)
if section 156F of the Act applies in relation to the action—at the same time as notification is given to the Minister under subsection 156F(1); and
(e)
in any other case—at any time before, or at the same time as, a referral is made under section 68 of the Act.
(3)
The application must:
(a)
be in writing; and
(b)
set out the following:
(i)
the applicant’s name and contact details;
(ii)
if the applicant has an ABN—the applicant’s ABN;
(iii)
if the applicant has an ACN—the applicant’s ACN;
(iv)
having regard to paragraphs 5.21(1)(a) and (b), the grounds on which the applicant considers that a waiver should be made and the reasons why it should be made.
(4)
The Minister must consider the application within 20 business days after it is made.
(5)
As soon as practicable after considering the application, the Minister must advise the person, by written notice, whether all or part of a fee has been waived and of the reasons for the Minister’s decision.
(6)
To avoid doubt, the fact that, after considering the application, the Minister decides not to waive all or part of a fee does not prevent the Minister later waiving all or part of the fee on the Minister’s own initiative.

Subdivision LRefunds of fees5.22Refunds of a fee

(1)
For subparagraph 520(4C)(e)(vi) of the Act, this regulation sets out the circumstances in which a fee may be refunded, in whole or in part.
(2)
If a person pays a fee that the person is not required to pay, the Department must, on behalf of the Commonwealth, refund the fee.
(3)
If a person overpays a fee, the Department must, on behalf of the Commonwealth, refund the amount of the excess.
(4)
If a person pays a fee that is reduced after a reconsideration under Part 19A of the Act, the Department must, on behalf of the Commonwealth, refund the amount by which the fee is reduced.
Note: For the appropriation for the refund, see section 77 of the Public Governance, Performance and Accountability Act 2013.

5.22ARefunds of a referral fee

(1)
For subparagraph 520(4C)(e)(vi) of the Act, if:
(a)
a person refers a proposal to take an action under Division 1 of Part 7 of the Act; and
(b)
the person pays the referral fee; and
(c)
the Minister decides not to accept the referral under section 74A of the Act;
the Department must, on behalf of the Commonwealth, refund the referral fee.
(2)
The Department must, on behalf of the Commonwealth, refund the amount of a referral fee paid by a person if:
(a)
the referral is withdrawn under section 170C of the Act before the Minister publishes an invitation under paragraph 74(3)(b) of the Act in relation to the referral; and
(b)
the Minister is satisfied that:
(i)
there has not been any substantial work done on the referral; and
(ii)
in the circumstances it would be appropriate to refund the referral fee.
Note: For the appropriation for the refund, see section 77 of the Public Governance, Performance and Accountability Act 2013.

5.22BWorking out the amount of a partial refund

(1)
If:
(a)
the Department has partially completed a particular stage of assessment of the relevant impacts of an action; and
(b)
any of the following are satisfied:
(i)
the Minister considers that there are exceptional circumstances justifying a refund of part of a fee that has been paid for that stage of assessment;
(ii)
the Minister makes a declaration under section 155 of the Act that Chapter 4 of the Act no longer applies to the action and considers that there should be a refund of part of the fee for the stage of assessment that is being carried out when the declaration takes effect;
(iii)
a person withdraws the referral of the proposal to take the action under section 170C of the Act and the Minister considers that there should be a refund of part of the fee for the stage of assessment that is being carried out when written notice of the withdrawal is given to the Minister;
the Minister must work out the amount of the refund using the method set out in subregulation (2).
(2)
For the purposes of paragraph 520(4C)(d) of the Act, the following method is prescribed:
(a)
first, the Minister must consider:
(i)
the steps that the Department has carried out under the relevant assessment approach for the particular stage of assessment; and
(ii)
the remaining steps to be carried out under the relevant assessment approach to complete that stage;
(b)
second, the Minister must estimate an appropriate portion of the fee payable for the particular stage of assessment that the Minister considers is attributable to the steps mentioned in subparagraphs (a)(i) and (ii).

Subdivision MExemptions from fees5.23Qualification for an exemption

(1)
For subparagraph 520(4C)(e)(v) of the Act, a person proposing to take an action qualifies for an exemption from the referral fee, or one or more fees that would otherwise be payable under this Division, if:
(a)
at the time the fee or fees would be payable, the person is:
(i)
an individual; or
(ii)
a small business entity; and
(b)
the person notifies the Secretary of that fact in accordance with this regulation.
(2)
The person may notify the Secretary:
(a)
in respect of the referral fee—at the same time as the person refers the proposal to take the action; and
(b)
in respect of any fee that would otherwise be payable under this Division—at any time, but only in respect of fees that would be payable after the notification is given.
(3)
The notification must:
(a)
be in writing; and
(b)
set out the following:
(i)
the person’s name and contact details;
(ii)
if the person is not the designated proponent—the designated proponent’s name and contact details;
(iii)
if available—the referral number;
(iv)
the fee or fees for which the person qualifies for an exemption; and
(c)
include a declaration that the person is not taking the action on behalf of, or for the benefit of, any other person or entity; and
(d)
if the person is a small business entity—state the day or income year from which the person became a small business entity.
Note: The Secretary may ask a person to provide evidence that the person is a small business entity, see regulation 5.23A.
(4)
To avoid doubt:
(a)
a person may not give a notification in respect of a fee that has already been paid, even if the person could have given a notification under this regulation in respect of the fee; and
(b)
a person is not entitled to a refund of a fee that is paid before a notification is given under this regulation.

5.23ASecretary may request evidence

For the purpose of verifying that a person is a small business entity, the Secretary may request the person to provide evidence to support the person’s notification that the person is a small business entity.

5.23BPerson exempt from paying fee to notify Secretary if circumstances change

(1)
If the declaration mentioned in paragraph 5.23(3)(c) in a person’s notification ceases to be true, the person must advise the Secretary, in writing, of that fact before the person is required to pay another fee under this Division.
(2)
If a person ceases to be a small business entity, the person must advise the Secretary, in writing, of that fact before the person is required to pay another fee under this Division.
(3)
A person commits an offence if:
(a)
the person is required to advise the Secretary of a fact under this regulation; and
(b)
the person fails to advise the Secretary, in writing and within 10 business days, after the person first becomes aware of the fact.
Penalty: 50 penalty units.
(4)
An offence against subregulation (3) is an offence of strict liability.

5.23CEffect of ceasing to qualify for an exemption

If regulation 5.23B applies and a person ceases to be qualified for an exemption, the person:
(a)
is not, as a result of ceasing to be so qualified, required to pay:
(i)
any fee that was not paid because the person qualified for an exemption; or
(ii)
a fee for the stage of assessment that is being carried out when the person ceases to be so qualified; but
(b)
is required to pay any fee that is payable after the person ceases to be so qualified.

Subdivision NMiscellaneous rules relating to fees5.24Fees and transfer of approvals

(1)
This regulation applies if:
(a)
section 145B of the Act applies in relation to an action; and
(b)
any of the following are satisfied:
(i)
the transferor mentioned in subsection 145B(1) of the Act paid the referral fee or any other fee payable under this Division in relation to the assessment of the impacts of the action;
(ii)
the transferor mentioned in subsection 145B(1) of the Act was exempt from paying a referral fee or a fee that would have otherwise been payable under this Division in relation to the assessment of the impacts of the action;
(iii)
all or part of a fee that would have otherwise been payable under this Division by the transferor mentioned in subsection 145B(1) of the Act in relation to the assessment of the impacts of the action was waived.
(2)
For subparagraph 520(4C)(e)(ii) of the Act:
(a)
the Secretary must give the transferee mentioned in subsection 145B(1) of the Act a copy of the fee schedule relating to the assessment of the impacts of the action (see regulation 5.12J); and
(b)
in a case described in subparagraph (1)(b)(i)—the transferee mentioned in subsection 145B(1) of the Act must pay any fee that is, or will become, payable under this Division in relation to the assessment of the impacts of the action; and
(c)
in a case described in subparagraph (1)(b)(ii) or (iii)—the transferee mentioned in subsection 145B(1) of the Act must pay:
(i)
if the referral fee was waived or the transferor was exempt from paying the referral fee—the referral fee; and
(ii)
any other fee that would have been payable under this Division in relation to the assessment of the impacts of the action.
Note: The transferee may apply for a waiver (see regulation 5.21A) or qualify for an exemption (see regulation 5.23) in relation to some or all fees. However, the transferee’s ability to apply for a reconsideration of some or all fees may be limited (see subregulation 5.20(2)).

5.24AFees and lapsed proposals

(1)
For subparagraph 520(4C)(e)(vi) of the Act, if the Minister makes a declaration under section 155 of the Act that Chapter 4 of the Act no longer applies to a controlled action, the person proposing to take the action:

World Heritage Convention— see Act, section 528.
World Heritage List— see Act, section 528.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Number and year	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
2000 No. 181	12 July 2000	16 July 2000
2001 No. 179	5 July 2001	5 July 2001	—
2001 No. 306	15 Oct 2001	15 Oct 2001	—
2001 No. 327	13 Dec 2001	11 Jan 2002	—
2002 No. 83	9 May 2002	9 May 2002	—
2003 No. 354	23 Dec 2003	1 Jan 2004	—
2005 No. 167	22 July 2005 (F2005L02017)	23 July 2005	—
2005 No. 251	14 Nov 2005 (F2005L03473)	1 Dec 2005	—
2006 No. 131	16 June 2006 (F2006L01832)	17 June 2006	—
2007 No. 9	16 Feb 2007 (F2007L00410)	19 Feb 2007 (r 2)	—
2009 No. 80	15 May 2009 (F2009L01795)	16 May 2009	—
2009 No. 301	13 Nov 2009 (F2009L04164)	14 Nov 2009	r 4
2009 No. 302	16 Nov 2009 (F2009L04193)	25 Nov 2009 (r 2)	—
2009 No. 365	21 Dec 2009 (F2009L04539)	22 Dec 2009	—
2010 No.100	31 May 2010 (F2010L01366)	1 June 2010	—
2011 No. 191	21 Oct 2011 (F2011L02102)	22 Oct 2011	—
122, 2013	14 June 2013 (F2013L01007)	1 July 2013	—
73, 2014	18 June 2014 (F2014L00738)	19 June 2014	—
110, 2014	25 July 2014 (F2014L01022)	26 July 2014	—
130, 2014	9 Sept 2014 (F2014L01205)	1 Oct 2014 (s 2)	—
90, 2015	19 June 2015 (F2015L00854)	Sch 2 (items 104–107): 1 July 2015 (s 2(1) item 2)	—

Name	Registration	Commencement	Application, saving and transitional provisions
Environment Protection and Biodiversity Conservation Amendment (Cost Recovery) Regulation 2016	30 Sept 2016 (F2016L01556)	Sch 1: 1 Oct 2016 (s 2(1) item 1)	—
Australian Radiation Protection and Nuclear Safety (Repeal and Consequential Amendments) Regulations 2018	7 Dec 2018 (F2018L01700)	Sch 1 (items 2–7): 8 Dec 2018 (s 2(1) item 1)	—
Civil Aviation Legislation Amendment (Part 139 Aerodromes—Transitional Provisions and Consequential Amendments) Regulations 2020	15 July 2020 (F2020L00913)	Sch 3 (items 35, 36): 13 Aug 2020 (s 2(1) item 3)	—
Environment Protection and Biodiversity Conservation Amendment (2022 Measures No. 1) Regulations 2022	16 Dec 2022 (F2022L01672)	17 Dec 2022 (s 2(1) item 1)	—
Instruments Update (Autumn 2024) Regulations 2024	14 Mar 2024 (F2024L00297)	Sch 1 (item 9): 11 Apr 2024 (s 2(1) item 1)	—
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024	11 Oct 2024 (F2024L01299)	Sch 3 (items 2–5): 14 Oct 2024 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
r 1.02.........................................	rep LA s 48D
Part 2
Division 2.1
Division 2.1 heading....................	ad No 191, 2011
r 2.02.........................................	am F2018L01700
Division 2.2
Division 2.2................................	ad. 2011 No. 191
Division 2.3
Division 2.3................................	ad. 2011 No. 191
r. 2.10........................................	ad. 2011 No. 191
Part 2A
Part 2A......................................	ad. 2002 No. 83
Heading to r. 2A.01.....................	rs. 2010 No. 100
r. 2A.01......................................	ad. 2002 No. 83
am. 2010 No. 100
r. 2A.02......................................	ad. 2010 No. 100
r. 2A.03......................................	ad. 2010 No. 100
r. 2A.04......................................	ad. 2010 No. 100
Part 2B
Part 2B.......................................	ad. 2005 No. 167
r. 2B.01......................................	ad. 2005 No. 167
Part 3
Division 3.3
r. 3.05........................................	rs. 2001 No. 179
r. 3.06........................................	ad. 2001 No. 179
Part 4
r 4.02........................................	am No 130, 2014; F2016L01556
r. 4.03........................................	am. 2010 No. 100
r. 4.04........................................	ad. 2010 No. 100
Part 4A
Part 4A......................................	ad. 2007 No. 9
r 4AA.01....................................	ad No 100, 2010
ed C25
r. 4A.01......................................	ad. 2007 No. 9
am. 2010 No. 100
Part 5
Division 5.1................................	rep. 2010 No. 100
r. 5.01........................................	rep. 2010 No. 100
r. 5.02........................................	rep. 2010 No. 100
r. 5.03........................................	am. 2001 No. 179
rep. 2010 No. 100
Division 5.1A
Division 5.1A.............................	ad. 2007 No. 9
r. 5.03A......................................	ad. 2007 No. 9
Division 5.3
Division 5.3................................	ad. 2007 No. 9
r. 5.05........................................	ad. 2007 No. 9
r. 5.06........................................	ad. 2007 No. 9
Division 5.4
Division 5.4................................	ad. 2007 No. 9
r. 5.07........................................	ad. 2007 No. 9
r. 5.08........................................	ad. 2007 No. 9
r. 5.09........................................	ad. 2007 No. 9
Division 5.5
Division 5.5................................	ad. 2007 No. 9
r. 5.10........................................	ad. 2007 No. 9
am No 130, 2014
r. 5.11........................................	ad. 2007 No. 9
Part 5
Division 5.6
Division 5.6................................	ad No 130, 2014
Subdivision A
r 5.12A......................................	ad No 130, 2014
am F2016L01556
r 5.12B.......................................	ad No 130, 2014
am F2016L01556
r 5.12C.......................................	ad No 130, 2014
am F2016L01556
r 5.12D......................................	ad No 130, 2014
am F2016L01556
r 5.12E.......................................	ad No 130, 2014
am F2016L01556
r 5.12F.......................................	ad No 130, 2014
am F2016L01556
r 5.12G......................................	ad No 130, 2014
am F2016L01556
r 5.12H......................................	ad No 130, 2014
rs F2016L01556
Subdivision B
r 5.12J........................................	ad No 130, 2014
am F2016L01556
r 5.12K......................................	ad No 130, 2014
am F2016L01556
Subdivision C
r 5.13.........................................	ad No 130, 2014
r 5.13A......................................	ad No 130, 2014
r 5.13B.......................................	ad No 130, 2014
am F2016L01556
r 5.13C.......................................	ad No 130, 2014
am F2016L01556
r 5.13D......................................	ad No 130, 2014
rs F2016L01556
r 5.13E.......................................	ad No 130, 2014
Subdivision D
r 5.14.........................................	ad No 130, 2014
r 5.14A......................................	ad No 130, 2014
r 5.14B.......................................	ad No 130, 2014
am F2016L01556
r 5.14C.......................................	ad No 130, 2014
r 5.14D......................................	ad No 130, 2014
rs F2016L01556
r 5.14E.......................................	ad No 130, 2014
rs F2016L01556
Subdivision E
r 5.15.........................................	ad No 130, 2014
r 5.15A......................................	ad No 130, 2014
am F2016L01556
r 5.15B.......................................	ad No 130, 2014
am F2016L01556
r 5.15C.......................................	ad No 130, 2014
am F2016L01556
r 5.15D......................................	ad No 130, 2014
rs F2016L01556
r 5.15E.......................................	ad No 130, 2014
Subdivision F
r 5.16.........................................	ad No 130, 2014
r 5.16A......................................	ad No 130, 2014
am F2016L01556
r 5.16B.......................................	ad No 130, 2014
am F2016L01556
r 5.16C.......................................	ad No 130, 2014
am F2016L01556
r 5.16D......................................	ad No 130, 2014
rs F2016L01556
r 5.16E.......................................	ad No 130, 2014
Subdivision G
r 5.17.........................................	ad No 130, 2014
r 5.17A......................................	ad No 130, 2014
am F2016L01556
r 5.17B.......................................	ad No 130, 2014
am F2016L01556
r 5.17C.......................................	ad No 130, 2014
am F2016L01556
r 5.17D......................................	ad No 130, 2014
rs F2016L01556
r 5.17E.......................................	ad No 130, 2014
Subdivision H
r 5.18.........................................	ad No 130, 2014
am F2016L01556
r 5.18A......................................	ad No 130, 2014
r. 5.18B......................................	ad No 130, 2014
am F2016L01556
Subdivision I
r 5.19.........................................	ad No 130, 2014
am F2016L01556
r 5.19A......................................	ad No 130, 2014
am F2016L01556
r 5.19B.......................................	ad No 130, 2014
am F2016L01556
r 5.19C.......................................	ad F2016L01556
r 5.19D......................................	ad F2016L01556
r 5.19E.......................................	ad F2016L01556
Subdivision J
r 5.20.........................................	ad No 130, 2014
r 5.20A......................................	ad No 130, 2014
Subdivision K
r 5.21.........................................	ad No 130, 2014
r 5.21A......................................	ad No 130, 2014
Subdivision L
r 5.22.........................................	ad No 130, 2014
r 5.22A......................................	ad No 130, 2014
am F2016L01556
r 5.22B.......................................	ad No 130, 2014
Subdivision M
r 5.23.........................................	ad No 130, 2014
r 5.23A......................................	ad No 130, 2014
r 5.23B.......................................	ad No 130, 2014
r 5.23C.......................................	ad No 130, 2014
Subdivision N
r 5.24.........................................	ad No 130, 2014
r 5.24A......................................	ad No 130, 2014
r 5.24B.......................................	ad No 130, 2014
r 5.24C.......................................	ad No 130, 2014
Part 6
r. 6.01........................................	am. 2009 No. 302; 2010 No. 100
r. 6.02........................................	am. 2010 No. 100
r. 6.03........................................	ad. 2007 No. 9
Part 6A
Part 6A......................................	ad. 2007 No. 9
r. 6A.01......................................	ad. 2007 No. 9
Part 6B
Part 6B.......................................	ad. 2007 No. 9
r. 6B.01......................................	ad. 2007 No. 9
Part 7
Division 7.2
Division 7.2................................	rs. 2007 No. 9
r. 7.03........................................	rs. 2007 No. 9
r. 7.04........................................	rs. 2007 No. 9
r. 7.05........................................	rs. 2007 No. 9
r. 7.06........................................	rs. 2007 No. 9
r. 7.07........................................	rep. 2007 No. 9
ad. 2010 No. 100
r. 7.08........................................	am. 2010 No. 100
Division 7.5
r. 7.10A......................................	ad. 2010 No. 100
r. 7.10B......................................	ad. 2010 No. 100
Part 8
Division 8.1
Division. 8.1 heading..................	rs. 2010 No. 100
Division 8.1................................	rs. 2006 No. 131
r. 8.01........................................	rs. 2006 No. 131
r. 8.01A......................................	ad. 2006 No. 131
r. 8.02........................................	rs. 2006 No. 131
r. 8.03........................................	rs. 2006 No. 131
r. 8.04........................................	rs. 2006 No. 131
am. 2007 No. 9
r. 8.05........................................	rs. 2006 No. 131
am. 2007 No. 9
r. 8.06........................................	rs. 2006 No. 13
am. 2007 No. 9
r. 8.07........................................	rs. 2006 No. 131
r. 8.08........................................	rs. 2006 No. 131
r. 8.09........................................	rs. 2006 No. 131
r. 8.09A......................................	ad. 2006 No. 131
Division 8.2
r. 8.10........................................	am. 2006 No. 131
r. 8.11........................................	rs. 2006 No. 131
r. 8.12........................................	am. 2006 No. 131; 2007 No. 9
Division 8.3
Division 8.3................................	ad. 2001 No. 327
rep. 2007 No. 9
r. 8.13........................................	ad. 2001 No. 327
rep. 2007 No. 9
r. 8.14........................................	ad. 2001 No. 327
rep. 2007 No. 9
Part 8A
Part 8A......................................	ad. 2005 No. 251
Division 8A.1
r. 8A.01......................................	ad. 2005 No. 251
r. 8A.02......................................	ad. 2005 No. 251
r. 8A.03......................................	ad. 2005 No. 251
r. 8A.04......................................	ad. 2005 No. 251
am. 2010 No. 100
r. 8A.05......................................	ad. 2005 No. 251
r. 8A.06......................................	ad. 2005 No. 251
Division 8A.2
r. 8A.07......................................	ad. 2005 No. 251
r. 8A.08......................................	ad. 2005 No. 251
r. 8A.09......................................	ad. 2005 No. 251
am. 2010 No. 100
r. 8A.10......................................	ad. 2005 No. 251
r. 8A.11......................................	ad. 2005 No. 251
Division 8A.3
r. 8A.12......................................	ad. 2005 No. 251
r. 8A.13......................................	ad. 2005 No. 251
r. 8A.14......................................	ad. 2005 No. 251
Division 8A.4
r. 8A.15......................................	ad. 2005 No. 251
r. 8A.16......................................	ad. 2005 No. 251
r. 8A.17......................................	ad. 2005 No. 251
Division 8A.5
r. 8A.18......................................	ad. 2005 No. 251
Division 8A.6
r. 8A.19......................................	ad. 2005 No. 251
r. 8A.20......................................	ad. 2005 No. 251
Part 9
r. 9.03........................................	am. 2010 No. 100
r. 9.03A......................................	ad. 2010 No. 100
Part 9A
Part 9A......................................	ad. 2001 No. 327
r. 9A.01......................................	ad. 2001 No. 327
r. 9A.02......................................	ad. 2001 No. 327
rs. 2010 No. 100
r. 9A.03......................................	ad. 2001 No. 327
rs. 2010 No. 100
r. 9A.04......................................	ad. 2001 No. 327
am No 73, 2014
r 9A.05......................................	ad No 327, 2001
am No 100, 2010; F2022L01672
r. 9A.06......................................	ad. 2001 No. 327
r. 9A.06A...................................	ad. 2007 No. 9
r. 9A.07......................................	ad. 2001 No. 327
rs. 2007 No. 9
r. 9A.08......................................	ad. 2001 No. 327
r. 9A.09......................................	ad. 2001 No. 327
am. 2010 No. 100
r. 9A.10......................................	ad. 2001 No. 327
am. 2010 No. 100
r. 9A.11......................................	ad. 2001 No. 327
am. 2010 No. 100
r. 9A.12......................................	ad. 2001 No. 327
am. 2010 No. 100
r. 9A.13......................................	ad. 2001 No. 327
r. 9A.14......................................	ad. 2001 No. 327
r. 9A.15......................................	ad. 2001 No. 327
r. 9A.16......................................	ad. 2001 No. 327
am. 2010 No. 100
r. 9A.17......................................	ad. 2001 No. 327
am. 2010 No. 100
r. 9A.18......................................	ad. 2001 No. 327
am. 2010 No. 100
r. 9A.19......................................	ad. 2001 No. 327
am. 2010 No. 100
r. 9A.20......................................	ad. 2001 No. 327
r. 9A.21......................................	ad. 2001 No. 327
r. 9A.21A...................................	ad. 2010 No. 100
r. 9A.22......................................	ad. 2001 No. 327
r. 9A.23......................................	ad. 2001 No. 327
r. 9A.24......................................	ad. 2001 No. 327
r. 9A.25......................................	ad. 2001 No. 327
Part 10
Part 10 heading...........................	rs. 2010 No. 100
Part 10.......................................	rs. 2003 No. 354
Division 10.1
Division 1 heading...................... Renum Division 10.1	rs. 2010 No. 100
r. 10.01......................................	rs. 2003 No. 354
Division 10.2
Division 2 heading...................... Renum Division 10.2	rs. 2010 No. 100
r. 10.01A....................................	ad. 2003 No. 354
r. 10.01B....................................	ad. 2003 No. 354
rs. 2007 No. 9
r. 10.01BA.................................	ad. 2010 No. 100
r. 10.01BB..................................	ad. 2010 No. 100
r. 10.01BC..................................	ad. 2010 No. 100
r. 10.01C....................................	ad. 2003 No. 354
r. 10.01D....................................	ad. 2003 No. 354
r. 10.01E....................................	ad. 2003 No. 354
Division 10.2A
Division 10.2A...........................	ad. 2010 No. 100
r. 10.01BD.................................

ad. 2010 No. 100
r. 10.01BE..................................	ad. 2010 No. 100
r. 10.01BF..................................	ad. 2010 No. 100
r. 10.01BG.................................	ad. 2010 No. 100
r. 10.01BH.................................	ad. 2010 No. 100
Division 10.3
Division 3 heading...................... Renum Division 10.3	rs. 2010 No. 100
r. 10.02......................................	rs. 2003 No. 354
Division 10.4
Division 4 heading...................... Renum Division 10.4	rs. 2010 No. 100
r. 10.03......................................	rs. 2003 No. 354
Division 10.5
Division 5 heading...................... Renum Division 10.5	rs. 2010 No. 100
r. 10.03A....................................	ad. 2003 No. 354
r. 10.03AB.................................	ad. 2007 No. 9
r. 10.03AC.................................	ad. 2010 No. 100
r. 10.03AD.................................	ad. 2010 No. 100
r. 10.03AE..................................	ad. 2010 No. 100
r. 10.03B....................................	ad. 2003 No. 354
r. 10.03C....................................	ad. 2003 No. 354
am. 2010 No. 100
r. 10.03D....................................	ad. 2003 No. 354
r. 10.03E....................................	ad. 2003 No. 354
r. 10.03F....................................	ad. 2003 No. 354
r. 10.03G....................................	ad. 2003 No. 354
Division 10.6
Division 6 heading...................... Renum Division 10.6	rs. 2010 No. 100
r. 10.03H....................................	ad. 2007 No. 9
r. 10.04......................................	rs. 2003 No. 354
Part 12
Division 12.1
r. 12.03......................................	am. 2010 No. 100
Division 12.2
Subdivision 12.2.1
r. 12.06......................................	am. 2010 No. 100
r. 12.06A....................................	ad. 2010 No. 100
r. 12.07......................................	am. 2010 No. 100
r. 12.09......................................	am. 2010 No. 100
Subdivision 12.2.2
r. 12.11......................................	am. 2010 No. 100
r. 12.12......................................	rs. 2010 No. 100
r. 12.13......................................	am. 2010 No. 100
r. 12.14......................................	rs. 2010 No. 100
r. 12.14A....................................	ad. 2010 No. 100
r. 12.14B....................................	ad. 2010 No. 100
r. 12.18......................................	am. 2009 No. 80
r. 12.19......................................	am. 2010 No. 100
r. 12.19A....................................	ad. 2010 No. 100
r. 12.19B....................................	ad. 2010 No. 100
r. 12.19C....................................	ad. 2010 No. 100
r. 12.19D....................................	ad. 2010 No. 100
r. 12.20......................................	am. 2010 No. 100
r. 12.21......................................	am. 2010 No. 100
r. 12.22......................................	am. 2010 No. 100
r. 12.23......................................	am. 2010 No. 100
r. 12.23A....................................	ad. 2010 No. 100
r. 12.24......................................	am. 2001 No. 179
r. 12.25......................................	am. 2010 No. 100
r. 12.26......................................	rs. 2010 No. 100
r. 12.27......................................	am. 2010 No. 100
r. 12.28......................................	am. 2010 No. 100
r. 12.30......................................	rs. 2010 No. 100
r. 12.30A....................................	ad. 2010 No. 100
r. 12.30B....................................	ad. 2010 No. 100
r. 12.31......................................	am. 2010 No. 100
r. 12.34......................................	am. 2010 No. 100
r. 12.35......................................	am. 2009 No. 80; 2010 No. 100
r. 12.36......................................	am. 2010 No. 100
r. 12.37......................................	am. 2010 No. 100
Subdivision 12.2.3
r. 12.41......................................	rs. 2010 No. 100
r. 12.42......................................	rs. 2010 No. 100
r. 12.43......................................	am. 2010 No. 100
r. 12.44......................................	am. 2010 No. 100
r. 12.44A....................................	ad. 2010 No. 100
r. 12.53......................................	rep. 2010 No. 100
r. 12.54......................................	am. 2010 No. 100
r. 12.55......................................	rs. 2010 No. 100
r. 12.55A....................................	ad. 2010 No. 100
r. 12.56......................................	am. 2010 No. 100
r. 12.57......................................	am. 2010 No. 100
r 12.58.......................................	rs 2010 No. 100
am F2020L00913
Subdivision 12.2.4
r. 12.59......................................	rs. 2010 No. 100
r. 12.61......................................	am. 2010 No. 100; No 90, 2015
r. 12.65......................................	am. 2010 No. 100
r. 12.66......................................	am. 2010 No. 100
Part 13
r. 13.02......................................	am. 2010 No. 100
Part 13A
Part 13A.....................................	ad. 2010 No. 100
r. 13A.01....................................	ad. 2010 No. 100
Part 14
Division 14.1
r. 14.01......................................	am. 2010 No. 100
Division 14.1A
Division 14.1A...........................	ad. 2010 No. 100
r. 14.01A....................................	ad. 2010 No. 100
r. 14.01B....................................	ad. 2010 No. 100
r. 14.01C....................................	ad. 2010 No. 100
r. 14.01D....................................	ad. 2010 No. 100
r. 14.01E....................................	ad. 2010 No. 100
r. 14.01F....................................	ad. 2010 No. 100
r. 14.01G....................................	ad. 2010 No. 100
r. 14.01H....................................	ad. 2010 No. 100
am No 90, 2015
Division 14.2
r. 14.02......................................	am. 2010 No. 100
r. 14.03......................................	am. 2010 No. 100
r. 14.04......................................	am. 2010 No. 100
r. 14.05......................................	am. 2010 No. 100
r. 14.06......................................	am. 2010 No. 100
r. 14.07......................................	am. 2010 No. 100
r. 14.08......................................	am. 2010 No. 100
r. 14.09......................................	am. 2010 No. 100
r. 14.12......................................	am. 2010 No. 100
r. 14.14......................................	am. 2010 No. 100
r 14.15.......................................	am F2024L01299
r 14.16.......................................	am No 100, 2010; F2024L01299
Part 15
Division 15.1A
Division 15.1A...........................	ad No 110, 2014
r 15.01A.....................................	ad No 110, 2014
am F2022L01672
Part 16
Division 16.2
Subdivision 16.2.1
Subdivision 16.2.1 heading..........	ad. 2003 No. 354
r. 16.02......................................	am. 2010 No. 100
r. 16.03......................................	am. 2007 No. 9; 2010 No. 100
r. 16.04......................................	am. 2007 No. 9; 2010 No. 100
r. 16.04A....................................	ad. 2010 No. 100
Subdivision 16.2.2
Subdivision 16.2.2.......................	ad. 2003 No. 354
r. 16.05A....................................	ad. 2003 No. 354
am. 2007 No. 9; 2010 No. 100
Subdivision 16.2.3
Subdivision 16.2.3.......................	ad. 2010 No. 100
r. 16.05B....................................	ad. 2010 No. 100
r. 16.06......................................	am. 2010 No. 100
r. 16.07......................................	am. 2010 No. 100
r. 16.08......................................	am. 2010 No. 100
Part 17
r. 17.01......................................	am. 2001 No. 327; 2005 No. 251; 2010 No. 100
r. 17.02......................................	am. 2001 Nos. 179 and 327; 2005 No. 251; 2010 No. 100
r. 17.03......................................	am. 2005 No. 251; 2010 No. 100
r. 17.03A....................................	ad. 2005 No. 251
am. 2010 No. 100
r. 17.03B....................................	ad. 2005 No. 251
r. 17.04......................................	rs. 2001 No. 327
am. 2010 No. 100
r 17.05.......................................	am No 100, 2010; F2024L00297
r. 17.07......................................	am. 2001 No. 327; 2010 No. 100
r. 17.08......................................	am. 2005 No. 251; 2010 No. 100
r. 17.09......................................	am. 2001 No. 327; 2005 No. 251; 2010 No. 100
r. 17.10......................................	am. 2005 No. 251; 2010 No. 100
r. 17.11......................................	am. 2001 No. 327; 2010 No. 100
Part 18
r. 18.02......................................	am. 2001 No. 327; 2005 No. 251; No. 122, 2013
r. 18.03......................................	rep. 2005 No. 251
ad. No. 122, 2013
r. 18.04......................................	am. 2001 No. 327; 2010 No. 100
Part 19
r. 19.01A....................................	ad. 2001 No. 327
r. 19.02......................................	ad. 2001 No. 306
am. 2009 No. 301
Part 20
Part 20 heading...........................	rs No 110, 2014
r. 20.07......................................	ad. 2001 No. 327
r. 20.08......................................	ad. 2001 No. 327
r. 20.09......................................	ad. 2001 No. 327
r 20.10.......................................	ad No 110, 2014
r 20.11.......................................	ad F2016L01556
ed C24
r 20.12.......................................	ad F2022L01672
ed C24
Schedule 1
Schedule 1 heading......................	rs. 2001 No. 179
Schedule 1..................................	am. 2001 No. 179
Schedule 2
Schedule 2..................................	am. 2003 No. 354; 2010 No. 100
Schedule 3..................................	rep. 2010 No. 100
Schedule 4A
Schedule 4A...............................	ad. 2001 No. 327
rs. 2010 No. 100
Schedule 4B...............................	ad. 2001 No. 327
rep. 2010 No. 100
Schedule 5A
Schedule 5A...............................	ad. 2003 No. 354
Schedule 5B
Schedule 5B...............................	ad. 2003 No. 354
Schedule 6
Schedule 6 heading......................	rs. 2010 No. 100
Schedule 7A
Schedule 7A...............................	ad. 2003 No. 354
Schedule 7B
Schedule 7B...............................	ad. 2003 No. 354
Schedule 7C
Schedule 7C...............................	ad. 2003 No. 354
Schedule 8
Schedule 8..................................	am. 2007 No. 9; 2010 No. 100
Schedule 10
Schedule 10................................	rs. 2010 No. 100
am No 130, 2014
Schedule 11
Schedule 11................................	am. 2001 No. 327; 2005 No. 251; 2009 No. 365; 2010 No. 100; No. 122, 2013
Schedule 12
Schedule 12................................	am. 2010 No. 100
Dictionary
Dictionary..................................	am No 179, 2001; No 327, 2001; No 354, 2003; No 251, 2005; No 131, 2006; No 301, 2009; No 100, 2010; No 130, 2014; F2018L01700; F2020L00913
ed C25