Environment Protection (Fees and Levy) (Fees) Variation Regulations 2009 (SA)

South Australia

Environment Protection (Fees and Levy) (Fees) Variation Regulations 2009

under the Environment Protection Act 1993

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Environment Protection (Fees and Levy) Regulations 1994

1. Substitution of regulation 4

   4Monetary value of fee unit

2. Insertion of regulation 13ABA

   13ABAPrescribed amount for registration or cancellation of site contamination assessment order or site remediation order

3. Substitution of Schedule 5

   Schedule 5—Miscellaneous fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Environment Protection (Fees and Levy) (Fees) Variation Regulations 2009.

2—Commencement

These regulations will come into operation on 1 July 2009.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Environment Protection (Fees and Levy) Regulations 1994

4—Substitution of regulation 4

Regulation 4—delete the regulation and substitute:

4—Monetary value of fee unit

(1)In these regulations, the monetary value of a fee unit on or after 1 July 2009 is, for the purposes of the annual authorisation fee for a licence (including a projected annual authorisation fee under regulation 8)—

(a)for the flat fee component—$52.50;

(b)for the environment management component—$551.00;

(c)for the pollutant load‑based component—$5.15;

(d)for the water reuse component—$13.00.

(2)In these regulations, the monetary value of a fee unit on or after 1 July 2009 is as follows:

(a)for the purposes of regulation 14(1)(a)—$12.60;

(b)for purposes not specified in this regulation—$16.30.

5—Insertion of regulation 13ABA

After regulation 13AB—insert:

13ABA—Prescribed amount for registration or cancellation of site contamination assessment order or site remediation order

(1)For the purposes of section 103R(2) of the Act—

(a)the prescribed amount recoverable in respect of the registration of a site contamination assessment order or site remediation order in relation to land from the person to whom the order was issued is—

(i)for the first entry made by the Registrar‑General in registering the order—18 fee units; and

(ii)for each subsequent entry made by the Registrar‑General in registering the order—5 fee units; and

(b)the prescribed amount recoverable in respect of the cancellation of registration of a site contamination assessment order or site remediation order in relation to land from the person to whom the order was issued is—

(i)for the first endorsement made by the Registrar‑General in cancelling the registration of the order—13 fee units; and

(ii)for each subsequent endorsement made by the Registrar‑General in cancelling the registration of the order—1 fee unit.

(2)For the purposes of section 103R(4)(a) of the Act, the prescribed rate of interest per annum on an amount recoverable by the Authority but not paid within the period fixed by the Authority is 24% calculated in respect of each month (or part of a month) for which the amount remains unpaid.

6—Substitution of Schedule 5

Schedule 5—delete the Schedule and substitute:

Schedule 5—Miscellaneous fees

1	On application for approval of the transfer of an environmental authorisation (section 49(5)) for which the authorisation fee last paid or payable—
Fee units
(a)    was less than $1 000	5
(b)    was not less than $1 000 but not more than $1 999	10
(c)     was not less than $2 000 but not more than $4 999	20
(d)    was not less than $5 000 but not more than $9 999	30
(e)     was not less than $10 000 but not more than $49 999	50
(f)     was $50 000 or more	100
2	For accreditation as site contamination auditor (section 103V and the Environment Protection (Site Contamination) Regulations 2008)
(a)    for application for accreditation	$396.00
(b)    for grant or renewal of accreditation	$4 074.00
(c)     annual fee for accreditation	$2 355.00
(d)    for replacement of certificate of accreditation or identity card	$52.00
3	For inspection of the register (section 109(5))—
(a)    for each manual inspection	$8.30
(b)    for each inspection requiring access to a computer—
(i)     for the first 10 minutes of access	$8.30
(ii)    for each additional 10 minutes or part thereof of access	$8.30
4	For a copy of part of the register (section 109(6))—
(a)    for the first page	$4.10
(b)    for each additional page	$1.40

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 4 June 2009

No 122 of 2009

EPCS09/0003