Environment Protection (Fees and Levy) Variation Regulations 2006 (SA)

South Australia

Environment Protection (Fees and Levy) Variation Regulations 2006

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. Insertion of Parts 3A and 3B

   Part 3A—Enforcement fees

   13APrescribed amount for registration or cancellation of registration of environment protection order

   13ABPrescribed amount for registration or cancellation of registration of clean-up order or clean-up authorisation

   Part 3B—Emergency authorisation fees

   13ACPrescribed fee for emergency authorisation (section 105)

Part 1—Preliminary

1—Short title

These regulations may be cited as the Environment Protection (Fees and Levy) Variation Regulations 2006.

2—Commencement

These regulations will come into operation 4 months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).

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—Insertion of Parts 3A and 3B

After Part 3—insert:

Part 3A—Enforcement fees

13A—Prescribed amount for registration or cancellation of registration of environment protection order

For the purposes of section 95(4a) of the Act—

(a)the prescribed amount recoverable in respect of the registration of an environment protection 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 an environment protection 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.

13AB—Prescribed amount for registration or cancellation of registration of clean-up order or clean-up authorisation

For the purposes of section 103(2a) of the Act—

(a)the prescribed amount recoverable in respect of the registration of a clean-up order or clean-up authorisation from the person whose contravention gave rise to the issuing of the order or authorisation is—

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

(ii)for each additional 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 clean-up order or clean-up authorisation from the person whose contravention gave rise to the issuing of the order or authorisation 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.

Part 3B—Emergency authorisation fees

13AC—Prescribed fee for emergency authorisation (section 105)

(1)Subject to this regulation, the prescribed fee in respect of an emergency authorisation for the purposes of section 105(2)(a) is 37 fee units.

(2)If the Authority is satisfied that—

(a)the circumstances giving rise to the issuing of the authorisation were within the control of the person to whom it is issued; and

(b)there is no need for inspection by an authorised officer of the place or vehicle in respect of which the authorisation is to apply,

the prescribed fee is 26 fee units.

(3)If the Authority is satisfied that the circumstances giving rise to the issuing of the authorisation were beyond the control of the person to whom it is issued, the prescribed fee is 0 fee units.

Made by the Governor

with the advice and consent of the Executive Council

on 7 December 2006

No 267 of 2006

EPCS06/0004