Environmental Management and Pollution Control (General Fees) Regulations 1995 (TAS)

Environmental Management and Pollution Control (General Fees) Regulations 1995

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .18 December 1995

G. S. M. GREEN

Governor

By His Excellency’s Command,

T. JOHN CLEARY

Minister for Environment and Land Management

1Short titleThese regulations may be cited as the Environmental Management and Pollution Control (General Fees) Regulations 1995 . 2CommencementThese regulations take effect on the day on which Divisions 1 to 6 of Part 3 of the Environmental Management and Pollution Control Act 1994 commence. 3InterpretationIn these regulations – Act means the Environmental Management and Pollution Control Act 1994 ; relevant period means the period beginning on 1 January of a year and ending on 31 December of the next year. 4Fees (1)  The fees set out in Schedule 1 are the fees payable to the Director in respect of the matters to which they relate. (2)  A fee expressed as "HR" is calculated – (a) by reference to the number of hours spent by the Director or any other person – (i) in the assessment of the matter to which the fee relates; or (ii) in the case of an environment protection notice for which a fee is not specified elsewhere in these regulations, in assessing the need for, processing, issuing and ascertaining compliance with, the notice; and (b) at a rate of $75 for each hour or part of an hour so spent. 5Remission of, and exemption from, feesThe Board may – (a) remit any fee or part of any fee; or (b) exempt any person from liability for any fee or part of any fee. 6Payment of feesThe fee in respect of – (a) an application determined under the Land Use Planning and Approvals Act 1993 , is payable on the determination of the application under that Act and, if applicable, on each anniversary of the granting of the permit; and (b) a permit taken, under clause 3 of Schedule 6 to the Act, to have been granted under the Land Use Planning and Approvals Act 1993 is payable, if applicable, on each anniversary of that permit; and (c) an order made under section 26 of the State Policies and Projects Act 1993 in relation to activities for which the Board is responsible for the enforcement of conditions, is payable on the making of the order and, if applicable, on each anniversary of the making of that order; and (d) an assessment under section 27 of the Act undertaken by the Director of a proposed environmentally relevant activity is payable on receipt of an environment protection notice under section 27(6)(a) of the Act or a notice under section 27(6)(b) of the Act. 7Waste disposal fee (1)  The body responsible for the management of a waste depot, other than a waste depot used exclusively for the disposal of industrial waste, must pay the waste disposal fee set out in Part 3 of Schedule 1 for every tonne of waste deposited at the depot during the relevant period. (2)  The waste disposal fee in respect of a relevant period is due on 1 March next following the end of the relevant period. (3)  The responsible body is to forward to the Director details of the amount of refuse deposited at the waste depot during the previous relevant period by 1 February in each year. (4)  If the Director does not have sufficient information to determine accurately the amount of waste deposited at a depot during the relevant period, the amount is to be taken to be the maximum amount permitted to be deposited at the depot as specified on the permit or environment protection notice relating to the depot. (5)  For the purposes of calculating the waste disposal fee payable by a council, the amount of refuse does not include any soil, sand or other material used for covering the refuse. Schedule 1Fees

Regulation 3

PART 1Level 2 activities

Column 1	Column 2
Annual Permit Fee	Assessment Fee
1.	Petroleum and Chemical
(a) Chemical Works
(Processing capacity in tonnes of raw material a year)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 200 but not more than 1 000	$500	$1 200
More than 1 000 but not more than 10 000	$1 000	$2 250
More than 10 000 but not more than 30 000	$1 800	HR
More than 30 000 but not more than 100 000	$3 400	HR
More than 100 000 but not more than 200 000	$7 500	HR
More than 200 000	$11 000	HR
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 200 but not more than 1 000	$1 000	$1 500
More than 1 000 but not more than 10 000	$1 800	$2 250
More than 10 000 but not more than 30 000	$3 400	HR
More than 30 000 but not more than 100 000	$7 500	HR
More than 100 000 but not more than 200 000	$11 000	HR
More than 200 000	$16 500	HR
(b) Coal Processing Works
(Processing capacity in tonnes of raw material a year)
Not more than 1 000	$1 000	HR
More than 1 000 but not more than 50 000	$3 400	HR
More than 50 000	$7 500	HR
(c) Oil Refineries
(Tonnes of raw material refined or produced a year)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director
Not more than 2 000	$500	HR
More than 2 000 but not more than 10 000	$1 000	HR
More than 10 000 but not more than 50 000	$1 800	HR
More than 50 000 but not more than 200 000	$3 400	HR
More than 200 000 but not more than 500 000	$7 500	HR
More than 500 000	$11 000	HR
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
Not more than 2 000	$1 000	HR
More than 2 000 but not more than 10 000	$1 800	HR
More than 10 000 but not more than 50 000	$3 400	HR
More than 50 000 but not more than 200 000	$7 500	HR
More than 200 000 but not more than 500 000	$11 000	HR
More than 500 000	$16 500	HR
(d) Wood Preservation Works
(m3 produced a year)
Not more than 500	$500	$750
More than 500 but not more than 5 000	$1 000	$900
More than 5 000 but not more than 10 000	$1 800	$1 500
More than 10 000	$3 400	HR
2.	Manufacturing and Mineral Processing
(a) Cement Works
(Tonnes produced a year)
Not more than 50 000	$1 000	$1 500
More than 50 000 but not more than 250 000	$3 400	$2 250
More than 250 000 but not more than 750 000	$7 500	HR
More than 750 000	$11 500	HR
(b) Ceramic Works
(Production capacity in tonnes of product a year)
More than or equal to 200 but not more than 1 000	$500	$750
More than 1 000 but not more than 10 000	$1 000	$900
More than 10 000 but not more than 50 000	$1 800	$1 500
More than 50 000 but not more than 200 000	$3 400	$2 250
More than 200 000	$7 500	HR
(c) Ferrous and Non-ferrous Metal Melting
(Capacity to melt metal in kg an 8 hour day)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 500 but not more than 2 000	$250	$750
More than 2 000 but not more than 4 000	$500	$900
More than 4 000 but not more than 8 000	$1 000	$1 200
More than 8 000 but not more than 20 000	$1 800	$2 000
More than 20 000 but not more than 60 000	$3 400	HR
More than 60 000	$7 500	HR
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 500 but not more than 2 000	$500	$750
More than 2 000 but not more than 4 000	$1 000	$900
More than 4 000 but not more than 8 000	$1 800	$1 500
More than 8 000 but not more than 20 000	$3 400	$2 250
More than 20 000 but not more than 60 000	$7 500	HR
More than 60 000	$11 000	HR
(d) Metallurgical Works
(Tonnes of raw material processed a year)
Not more than 500	$500	$750
More than 500 but not more than 1 000	$1 000	$900
More than 1 000 but not more than 5 000	$1 800	$1 500
More than 5 000 but not more than 20 000	$3 400	$2 250
More than 20 000 but not more than 75 000	$7 500	HR
More than 75 000 but not more than 125 000	$11 000	HR
More than 125 000	$16 500	HR
(e) Mineral Works
(Tonnes of raw material processed a year)
More than or equal to 1 000 but not more than 5 000	$1 000	$1 500
More than 5 000 but not more than 10 000	$1 800	$2 250
More than 10 000 but not more than 25 000	$3 400	HR
More than 25 000 but not more than 75 000	$7 500	HR
More than 75 000 but not more than 250 000	$11 000	HR
More than 250 000	$16 500	HR
(f) Pulp and Paper Works
(Tonnes of product produced   a year)
Not more than 5 000	$1 000	$1 500
More than 5 000 but not more than 10 000	$1 800	$2 250
More than 10 000 but not more than 25 000	$3 400	HR
More than 25 000 but not more than 75 000	$7 500	HR
More than 75 000 but not more than 150 000	$11 000	HR
More than 150 000	$16 500	HR
(g) Wood Processing Works
(Cubic metres of product produced a year)
More than or equal to 1 000 but not more than 5 000	$500	$750
More than 5 000 but not more than 15 000	$1 000	$900
More than 15 000 but not more than 30 000	$1 800	$1 500
More than 30 000 but not more than 50 000	$3 400	HR
More than 50 000	$7 500	HR
(h) Textile Bleaching and Dyeing Factories
(Capacity to consume water, kL an 8 hour day)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 100 but not more than 200	$500	$750
More than 200 but not more than 500	$1 000	$900
More than 500 but not more than 3 000	$1 800	$1 200
More than 3 000	$3 400	$2 000
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 100 but not more than 200	$1 000	$750
More than 200 but not more than 500	$1 800	$900
More than 500 but not more than 3 000	$3 400	$1 500
More than 3 000	$7 500	$2 250
(i) Woodchip Mills
(Tonnes of product produced a year)
More than or equal to 1 000 but not more than 25 000	$1 000	$1 200
More than 25 000 but not more than 100 000	$1 800	$2 250
More than 100 000 but not more than 500 000	$3 400	HR
More than 500 000 but not more than 1 000 000	$7 500	HR
More than 1 000 000	$11 000	HR
3.	Waste Treatment
(a) Sewage Treatment Works
(Design capacity to treat an average dry weather flow, kL a day)
More than or equal to 100 but not more than 200	$1 000	$1 200
More than 200 but not more than 500	$1 800	$1 500
More than 500 but not more than 10 000	$3 400	$2 250
More than 10 000	$7 500	HR
(b) Waste Depots used exclusively for the disposal of industrial refuse or industrial waste
(Tonnes of waste received or likely to be received a year, not including materials for recycling)
More than or equal to 100 but not more than 500	$500	$1 200
More than 500 but not more than 2 500	$1 000	$1 500
More than 2 500 but not more than 10 000	$1 800	$2 250
More than 10 000 but not more than 25 000	$3 400	HR
More than 25 000 but not more than 50 000	$7 500	HR
More than 50 000	$11 000	HR
(c) Waste depot other than a waste depot used exclusively for the disposal of industrial refuse or industrial waste
(Tonnes of waste received or likely to be received a year, not including materials for recycling)
More than or equal to 100 but not more than 500	*	$1 200
More than 500 but not more than 2 500	*	$1 500
More than 2 500 but not more than 10 000	*	$2 250
More than 10 000 but not more than 25 000	*	HR
More than 25 000 but not more than 50 000	*	HR
More than 50 000	*	HR
*Annual Permit Fee calculated in accordance with regulation 7
4.	Food Production and Animal and Plant Product Processing
(a) Abattoirs or Slaughter-houses
(Tonnes of product produced a year)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 100 but not more than 500	$250	$750
More than 500 but not more than 2 000	$500	$900
More than 2 000 but not more than 5 000	$1 000	$1 200
More than 5 000 but not more than 10 000	$1 800	$2 000
More than 10 000	$3 400	HR
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 100 but not more than 500	$500	$750
More than 500 but not more than 2 000	$1 000	$1 200
More than 2 000 but not more than 5 000	$1 800	$1 500
More than 5 000 but not more than 10 000	$3 400	$2 250
More than 10 000	$7 500	HR
(b) Breweries and Distilleries
(Capacity to consume water, kL an 8 hour day)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 100 but not more than 200	$1 000	$1 200
More than 200 but not more than 500	$1 800	$2 000
More than 500	$3 400	HR
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 100 but not more than 200	$1 800	$1 500
More than 200 but not more than 500	$3 400	$2 250
More than 500	$7 500	HR
(c) Fish Processing
(Tonnes of product produced a year)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 100 but not more than 500	$250	$750
More than 500 but not more than 2 000	$500	$900
More than 2 000 but not more than 5 000	$1 000	$1 200
More than 5 000 but not more than 10 000	$1 800	$2 000
More than 10 000	$3 400	HR
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 100 but not more than 500	$500	$750
More than 500 but not more than 2 000	$1 000	$1 200
More than 2 000 but not more than 5 000	$1 800	$1 500
More than 5 000 but not more than 10 000	$3 400	$2 250
More than 10 000	$7 500	HR
(d) Milk Processing Works
(Processing capacity in kilolitres of whole milk, skim milk or cream an 8 hour day)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 3 but not more than 12	$250	$750
More than 12 but not more than 40	$500	$900
More than 40 but not more than 120	$1 000	$1 200
More than 120 but not more than 500	$1 800	$2 000
More than 500 but not more than 1 000	$3 400	HR
More than 1 000	$7 500	HR
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 3 but not more than 12	$500	$750
More than 12 but not more than 40	$1 000	$1 200
More than 40 but not more than 120	$1 800	$1 500
More than 120 but not more than 500	$3 400	$2 250
More than 500 but not more than 1 000	$7 500	HR
More than 1 000	$11 000	HR
(e) Produce Processing Works
(Processing capacity, kg an hour)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 50 but not more than 200	$500	$750
More than 200 but not more than 1 000	$1 000	$1 200
More than 1 000 but not more than 5 000	$1 800	$2 000
More than 5 000 but not more than 15 000	$3 400	HR
More than 15 000	$7 500	HR
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 50 but not more than 200	$1 000	$900
More than 200 but not more than 1 000	$1 800	$1 200
More than 1 000 but not more than 5 000	$3 400	$2 250
More than 5 000 but not more than 15 000	$7 500	HR
More than 15 000	$11 000	HR
(f) Rendering or Fat Extraction Works
(Total processing capacity, kg an hour)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 50 but not more than 100	$500	$900
More than 100 but not more than 500	$1 000	$1 200
More than 500 but not more than 1 000	$1 800	$1 500
More than 1 000 but not more than 5 000	$3 400	$2 250
More than 5 000	$7 500	HR
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 50 but not more than 100	$1 000	$1 200
More than 100 but not more than 500	$1 800	$1 200
More than 500 but not more than 1 000	$3 400	$1 500
More than 1 000 but not more than 5 000	$7 500	$2 250
More than 5 000	$11 000	HR
(g) Wool Scourers, Tanneries or Fellmongeries
(Product produced in tonnes a year)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director, or not producing wastewater from processing
More than or equal to 100 but not more than 200	$1 000	$1 200
More than 200 but not more than 1 000	$1 800	$2 000
More than 1 000	$3 400	HR
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 100 but not more than 200	$1 800	$1 500
More than 200 but not more than 1 000	$3 400	$2 250
More than 1 000	$7 500	HR
5.	Extractive Industries
(a) Quarries
(Product produced, cubic metres a year)
More than or equal to 5 000 but not more than 10 000	$500	$750
More than 10 000 but not more than 20 000	$1 000	$900
More than 20 000 but not more than 75 000	$1 800	$1 500
More than 75 000 but not more than 250 000	$3 400	HR
More than 250 000 but not more than 500 000	$7 500	HR
More than 500 000	$11 000	HR
(b) Extractive Pits
(Product produced, cubic metres a year)
More than or equal to 5 000 but not more than 10 000	$500	$750
More than 10 000 but not more than 20 000	$1 000	$900
More than 20 000 but not more than 75 000	$1 800	$1 200
More than 75 000 but not more than 250 000	$3 400	$2 250
More than 250 000 but not more than 500 000	$7 500	HR
More than 500 000	$11 000	HR
(c) Mines
(Product produced, tonnes a year)
More than or equal to 1 000 but not more than 2 000	$500	HR
More than 2 000 but not more than 10 000	$1 000	HR
More than 10 000 but not more than 25 000	$1 800	HR
More than 25 000 but not more than 75 000	$3 400	HR
More than 75 000 but not more than 250 000	$7 500	HR
More than 250 000 but not more than 500 000	$11 000	HR
More than 500 000	$16 500	HR
6.	Material Handling
(a) Crushing, Grinding or Milling
(i) Chemicals
(Processed, tonnes a year)
More than or equal to 200 but not more than 1 000	$500	$750
More than 1 000 but not more than 5 000	$1 000	$1 200
More than 5 000 but not more than 20 000	$1 800	$1 500
More than 20 000 but not more than 50 000	$3 400	HR
More than 50 000 but not more than 200 000	$7 500	HR
More than 200 000	$11 000	HR
(ii) Rocks, ores, minerals
(Processed, cubic metres a year)
More than or equal to 1 000 but not more than 2 500	$500	$750
More than 2 500 but not more than 5 000	$1 000	$1 200
More than 5 000 but not more than 20 000	$1 800	$1 500
More than 20 000 but not more than 50 000	$3 400	$2 250
More than 50 000 but not more than 200 000	$7 500	HR
More than 200 000	$11 000	HR
(b) Coal Handling and Washing
(Handling or washing capacity, tonnes a day)
More than or equal to 100 but not more than 500	$1 000	HR
More than 500 but not more than 1 000	$1 800	HR
More than 1 000 but not more than 2 000	$3 400	HR
More than 2 000	$7 500	HR
7.	Other
(a) Fuel Burning
(Total capacity to consume fuel, tonnes an hour)
More than or equal to 1 but not more than 5	$1 000	$750
More than 5 but not more than 25	$1 800	$1 200
More than 25 but not more than 50	$3 400	$2 250
More than 50	$7 500	HR
(b) Racing or Testing Venues
(i) A venue used for racing or testing as part of an event organised by a community service organisation and operated on a non-profit basis	nil	nil
(ii) A venue where less than 2 competition events a year are held	$250	$900
(iii) A venue where more than 2 but less than 5 competition events a year are held	$500	$1 200
(iv) A venue where more than 5 competition events a year are held	$1 000	$1 500
(c) Laundries
(Capacity to consume water, kL a day)
(i) Premises discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 100 but not more than 300	$250	$750
More than 300 but not more than 1 000	$500	$750
More than 1 000 but not more than 5 000	$1 000	$1 200
More than 5 000	$1 800	HR
(ii) Premises not discharging all wastewater to an external treatment plant approved by the Director
More than or equal to 100 but not more than 300	$500	$750
More than 300 but not more than 1 000	$1 000	$900
More than 1 000 but not more than 5 000	$1 800	$1 500
More than 5 000	$3 400	HR
(d) Pre-mix Bitumen Plants
(Product produced in tonnes a year)
More than or equal to 1 000 but not more than 5 000	$500	$750
More than 5 000 but not more than 10 000	$1 000	$900
More than 10 000 but not more than 50 000	$1 800	$1 200
More than 50 000	$3 400	HR

PART 2Fees for activities other than level 2 activities

A	ANNUAL FEES
1.	A level 1 activity referred to the Board under section 24(1) of the Act	$7 500
2.	A level 3 activity for which the Board is responsible for enforcing environmental conditions –
(a) the same fee that would be payable if the activity would be a level 2 activity were it not of State significance under the State Policies and Projects Act 1993 ; or
(b) $16 500, if the activity would not be a level 2 activity if it were not of State significance under the State Policies and Projects Act 1993 .

B	ASSESMENT FEES
1.	A level 1 activity referred to the Board under section 24(1) of the Act	HR
2.	An activity assessed by the Board under section 27(2) of the Act	HR

PART 3Waste Disposal Fee

A waste depot, other than a waste depot used exclusively for the disposal of industrial refuse or industrial waste $0.50 for every tonne of waste

PART 4Miscellaneous Fees

1.	Search of register under section 22(2) of Act	$10
2.	Submission to the Board of report on mandatory environmental audit under section 30 of Act	$5 000
3.	Issue of determination by Board on voluntary environmental audit under section 31 of Act	$1 000
4.	Issue or amendment of environment protection notice other than –	$200 plus HR
(a) under section 44(2) of Act; or
(b) in respect of a waste transport business
5.	Waste Transport Business Fee –
(a) Issue of environment protection notice in respect of a waste transport business or the amendment of such a notice by the addition of a prime mover or vehicle
The fee is to be calculated by reference to the number of vehicles used by the business, their load carrying capacity and the type of waste transported, in accordance with the following:
(i) For each prime mover	$80
(ii) For all other vehicles –
Vehicle Gross Combination Load Carrying Capacity
Type of waste water	Less than 1.5 tonnes	1.5 or more but less than 8.0 tonnes	8.0 or more but less than 25 tonnes	25 or more tonnes
$	$	$	$
(A)	Putrescible organic wastes, inert sludges, infectious or potentially infectious wastes	200	320	400	800
(B)	Waste which is explosive, flammable or highly reactive	400	480	640	1 280
(C)	Hazardous waste not included in 1 and 2 above	320	400	560	1 120
(iii) If 2 or more categories of waste are transported by the same vehicle the fee is to be the higher of the relevant fees
(b) Fee for amendment of environment protection notice in respect of a waste transport business otherwise than by the addition of a prime mover or vehicle	$200 plus HR
(c) Environment Improvement Program Base Fee	$5 000
(d) Assessment Fee	HR

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 December 1995

These regulations are administered in the Department of Environment and Land Management.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations prescribe fees for certain matters provided for under the