Environmental Protection Amendment Regulations 2004 (WA)

22 June 2004 GOVERNMENT GAZETTE, WA 2143

ENVIRONMENT

EV301*

Environmental Protection Act 1986

Environmental Protection Amendment

Regulations 2004

Made by the Governor in Executive Council.

1.             Citation

These regulations may be cited as the Environmental Protection
Amendment Regulations 2004.

2.             The regulations amended

The amendments in these regulations are to the Environmental
Protection Regulations 1987*.

[* Reprinted as at 29 November 2002.

For amendments to 7 May 2004 see Western Australian
Legislation Information Tables for 2003, Table 4, p. 96, and
Gazette 12 March 2004.]

3.             Regulation 4 amended

(1) Regulation 4(1) is amended as follows:

(a) by inserting the following definitions in the appropriate alphabetical positions —

“

“fee period” means a period beginning on 1 October

and ending on the following 30 September;

“licence period” means —

(a)	in relation to an application for a licence — the period to which the application relates;
(b)	in relation to a licence — the period covered by the licence.

”;

(b)

in the definition of “licence” by deleting “Act.” and “ Act; ”.

(2) Regulation 4(5) is amended by inserting after “5D” —
“ , 5DA ”.

2144 GOVERNMENT GAZETTE, WA 22 June 2004

(3) Regulation 4(6) is amended as follows:

(a)	by deleting “, one unit being” and inserting instead — “ and, for a fee period, one unit is ”;
(b)	the period specified in column 1 of that Table” and

by deleting “a licence that is to come into force during “ that period ”.

(4) Regulation 4(7) is amended as follows:

(a)	by deleting “, one unit being” and inserting instead — “ and, for a fee period, one unit is ”;
(b)	the period specified in column 1 of that Table” and

by deleting “a licence that is to come into force during “ that period ”.

4.	Regulation 5CB inserted After regulation 5CA the following regulation is inserted —
“

5CB.	Application for renewal of licence
(1)	An application for a licence to replace an existing licence on the expiry of the existing licence must be made by the licence holder of the existing licence more than 70 days before the day on which the existing licence expires.
(2)	A licence holder who makes an application described in subregulation (1) 70 days or less than 70 days before the expiry of the existing licence but more than 42 days before the expiry must pay a late application fee of 10 units.
(3)	A licence holder who makes an application described in subregulation (1) 42 days or less than 42 days before the expiry of the existing licence must pay a late application fee of 20 units.

”.

5.             Regulation 5D amended

(1) Regulation 5D(1) is repealed and the following subregulations
are inserted instead —

“

(1) The total amount of the fee for a licence in respect of
prescribed premises is the sum of the following
amounts — the amount for each fee period, or part fee
period, in the licence period worked out under
subregulation (1a) (reduced pro rata for a part fee
period).

22 June 2004 GOVERNMENT GAZETTE, WA 2145

(1a) Subject to subregulations (3) and (4) and regulation 5G
(the maximum fee), the amount for a fee period is the
sum of the paragraph (a) amount and the larger of the
paragraph (b) amount and the paragraph (c) amount —

(a)

the amount specified in the third column of Part 1 of Schedule 4 for the fee period for the relevant category, and the relevant production or design capacity (where applicable), of the premises specified in the first and second columns of that Part;

(b)

in respect of premises within category 5, 6, 7, 8, column of Part 2 of Schedule 4 for the fee period for the relevant quantity of such waste specified in the first column of that Part that is permitted to be discharged from the premises; 9, 12, 14, 44, 46, 53, 70 or 80, where the operation of the premises involves the discharge of waste consisting of tailings, bitterns, water to allow mining of ore or

(c) the amount for the fee period is the sum of the following amounts — the amount worked out under regulation 5E for each kind of waste to be discharged from the premises.

”.

(2)	Regulation 5D(2) is amended by deleting “(1)(a)” and inserting instead —
“ (1a)(a) ”.
(3)	Regulation 5D(3) and (4) are amended by deleting “(1)(c)” and inserting instead —
“ (1a)(c) ”.

6.             Regulation 5DA replaced

Regulation 5DA is repealed and the following regulation is inserted instead —

“

5DA.	Payment of licence fees
(1)	An application for a licence for a period of one year or less must be accompanied by the total amount of the fee worked out under regulation 5D.
(2)	An application for a licence for a period of more than one year must be accompanied by the fee for the first year of the licence period, worked out under
regulation 5D as if the licence period were that first year.

2146 GOVERNMENT GAZETTE, WA 22 June 2004

(3)	For a licence for a period of more than one year, the licence holder must, before each anniversary of the grant of the licence, pay the fee for the subsequent period (the shorter of the remainder of the licence period or the next year), worked out under
regulation 5D as if the licence period were that subsequent period.
(4)	If the licence holder does not pay a fee under subregulation (3) on time but pays it within one month after the anniversary before which the fee should have been paid, the licence holder must pay, in addition to the fee under subregulation (3), a late payment fee of 10 units.
(5)	If the licence holder does not pay a fee under subregulation (3) within one month after the anniversary before which the fee should have been paid, the licence ceases to have effect.

”.

7.             Regulation 5E amended

(1) Regulation 5E(1) is repealed and the following subregulation is
inserted instead —

“

(1) Subject to this regulation, the amount under
regulation 5D(1a)(c) for a fee period for a particular
kind of waste is to be worked out under Part 3 of
Schedule 4 on the basis of the rate at which the waste is
permitted to be discharged from the premises during
the licence period — the rate (in the units specified for
that kind of waste in Part 3 of Schedule 4) being the
quantity of waste permitted to be discharged from the
premises during the licence period averaged over the
licence period.

”.

(2) Regulation 5E(2) is amended as follows:

(a)

by deleting “period to which the application relates” and “ licence period ”;

(b)

by deleting “amount payable under Part 3 of “ rate in subregulation (1) ”.

(3) Regulation 5E(3) is amended as follows:

(a)

in paragraph (b) by deleting “period to which the “ licence period ”;

22 June 2004 GOVERNMENT GAZETTE, WA 2147

(b)

by deleting “amount payable under Part 3 of “ rate in subregulation (1) ”;

(c)

by deleting “the quantity so calculated” and inserting “ that quantity averaged over the licence period ”.

(4)	Regulation 5E(4) is amended by deleting “payable under Part 3 of Schedule 4” and inserting instead —
“ for the fee period ”.

8.             Regulation 5EA amended

Regulation 5EA is amended by deleting “5D(1)(b) or (c)” and inserting instead —

“ 5D(1a)(b) or (c) ”.

9.             Regulation 5F amended

(1) Regulation 5F(1) is amended as follows:

(a)

by deleting “5D(1)(c), an amount of 25 units” and “ 5D(1a)(c), an amount of 25 units for the fee period ”;

(b)

by deleting “appropriate amount specified in Table 2 of “ amount worked out under regulation 5E ”.

(2) Regulation 5F(2) is repealed.

10.           Regulation 5G replaced

Regulation 5G is repealed and the following is inserted instead —

“

5G.	Maximum fee
(1)	For the purposes of regulation 5D(1a), the amount for a fee period cannot exceed the maximum amount for the fee period worked out in accordance with this
regulation.
(2)	If the amount worked out under regulation 5D(1a)(c) is predominantly attributable to the discharge of waste into air or onto land and the total amount or a component of that total amount is subject to the increase specified in regulation 5E(4) — the maximum fee for the fee period is the amount specified in column 2 of the Table to this subregulation for the fee period.

2148 GOVERNMENT GAZETTE, WA 22 June 2004

Table

Column 1	Column 2
Fee period	$

Beginning on 1 October 2002 and

ending on 30 September 2003	315 000.00
Beginning on 1 October 2003 and
ending on 30 September 2004	365 000.00
Beginning on 1 October 2004 and
ending on 30 September 2005	415 000.00
Beginning on 1 October 2005 and
ending on 30 September 2006	465 000.00
Beginning on 1 October 2006 and
ending on 30 September 2007	515 000.00
Beginning on 1 October 2007 and
ending on 30 September 2008	565 000.00
Beginning on 1 October 2008 and
ending on 30 September 2009	615 000.00
Beginning on 1 October 2009 and
ending on 30 September 2010	665 000.00
Beginning on 1 October 2010 and
ending on 30 September 2011	715 000.00
Beginning on 1 October 2011 and
ending on 30 September 2012	765 000.00
Beginning on and from 1 October 2012	815 000.00

(3) If the amount worked out under regulation 5D(1a)(c) is
predominantly attributable to the discharge of waste
into air or onto land and neither the total amount nor a
component of that total amount is subject to the
increase specified in regulation 5E(4) — the maximum
fee for the fee period is the amount specified in
column 2 of the Table to this subregulation for the fee
period.

Table

Column 1	Column 2
Fee period	$

Beginning on 1 October 2002 and

ending on 30 September 2003	260 000.00
Beginning on 1 October 2003 and
ending on 30 September 2004	310 000.00
Beginning on 1 October 2004 and
ending on 30 September 2005	360 000.00
Beginning on 1 October 2005 and
ending on 30 September 2006	410 000.00
Beginning on 1 October 2006 and
ending on 30 September 2007	460 000.00
Beginning on 1 October 2007 and
ending on 30 September 2008	510 000.00

22 June 2004 GOVERNMENT GAZETTE, WA 2149

Column 1	Column 2
Fee period	$

Beginning on 1 October 2008 and

ending on 30 September 2009	560 000.00
Beginning on 1 October 2009 and
ending on 30 September 2010	610 000.00
Beginning on 1 October 2010 and
ending on 30 September 2011	660 000.00
Beginning on 1 October 2011 and
ending on 30 September 2012	710 000.00
Beginning on and from 1 October 2012	760 000.00

(4) If the amount worked out under regulation 5D(1a)(c) is
predominantly attributable to the discharge of waste
into waters — the maximum fee for the fee period is
the amount specified in column 2 of the Table to this
subregulation for the fee period.

Table

Column 1	Column 2
Fee period	$

Beginning on 1 October 2002 and

ending on 30 September 2003	350 000.00
Beginning on 1 October 2003 and
ending on 30 September 2004	400 000.00
Beginning on 1 October 2004 and
ending on 30 September 2005	450 000.00
Beginning on 1 October 2005 and
ending on 30 September 2006	500 000.00
Beginning on 1 October 2006 and
ending on 30 September 2007	550 000.00
Beginning on 1 October 2007 and
ending on 30 September 2008	600 000.00
Beginning on 1 October 2008 and
ending on 30 September 2009	650 000.00
Beginning on 1 October 2009 and
ending on 30 September 2010	700 000.00
Beginning on 1 October 2010 and
ending on 30 September 2011	750 000.00
Beginning on 1 October 2011 and
ending on 30 September 2012	800 000.00
Beginning on and from 1 October 2012	850 000.00

(5) If the amount worked out under regulation 5D(1a)(c) is equally attributable to the discharge of waste into air or onto land and the discharge of waste into waters — the maximum fee for fee period is the amount specified in column 2 of the Table to this subregulation for the fee period.

2150 GOVERNMENT GAZETTE, WA 22 June 2004

Table

Column 1	Column 2
Fee period	$

Beginning on 1 October 2002 and

ending on 30 September 2003	350 000.00
Beginning on 1 October 2003 and
ending on 30 September 2004	400 000.00
Beginning on 1 October 2004 and
ending on 30 September 2005	450 000.00
Beginning on 1 October 2005 and
ending on 30 September 2006	500 000.00
Beginning on 1 October 2006 and
ending on 30 September 2007	550 000.00
Beginning on 1 October 2007 and
ending on 30 September 2008	600 000.00
Beginning on 1 October 2008 and
ending on 30 September 2009	650 000.00
Beginning on 1 October 2009 and
ending on 30 September 2010	700 000.00
Beginning on 1 October 2010 and
ending on 30 September 2011	750 000.00
Beginning on 1 October 2011 and
ending on 30 September 2012	800 000.00
Beginning on and from 1 October 2012	850 000.00

”.

11.           Regulation 5H amended

Regulation 5H(2) is amended by deleting “Part 3 of Schedule 4” and inserting instead —

“ regulation 5E ”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.