State Pollution Control Commission Act 1970 Regulation relating to fees (1990-641) [GG No 120 of 28.9.1990] (NSW)

1990 - NO. 641

STATE POLLUTION CONTROL COMMISSION
ACT 197 - REGULATION

(Relating to fees)

NEW SOUTH WALES

[Published in Gazette No. 120 of 28 September 1990]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the State Pollution Control Commission Act 1970, has been pleased to make the Regulation set forth hereunder.

TIM MOORE

Minister for the Environment.

Commencement

1. This Regulation commences on 1 August 1990.

Amendments

2. The State Pollution Control Commission Regulation 1985 is

amended:

(a) by inserting in clause 3 (1), in alphabetical order, the following definition:

"base fee", in relation to a licence or a renewal of a licence, means the fee set out in clause 5, 6 or 7 in respect of that licence or renewal;

(b) by omitting from clause 4 (2) the words "30 days" and by

inserting instead the words "1 day";

(c) by omitting from clauses 5 (2) and 7 (2) the words "For the

purposes of section 17B (1) of the Act, the prescribed fee"

1990 - NO. 641

wherever occurring and by inserting instead the words "The

base fee";

(d)	by omitting from clause 6 (2) the words ''for the purposes of
section 17B (1) of the Act, the prescribed fee" and by inserting instead the words ''the base fee";
(e)	by omitting from the Schedule to clause 7 (2) the words "Prescribed fee" and by inserting instead the words "Base fee";
(f)	by omitting clause 8 and inserting instead the following

clause:

Prescribed fee

8. (1) For the purposes of section 17B (1) of the Act, the

prescribed fee for a licence or a renewal of a licence is the base

fee for that licence or renewal.

(2) If an application for a licence or a renewal of a licence relates to more than one of the following:

(a)	scheduled premises within the meaning of the Clean Air Act 1961;
(b)	the pollution of waters within the meaning of the Clean Waters Act 1970;
(c)	a drain which discharges or is likely to be used for discharging any pollutants into any classified waters

within the meaning of the Clean Waters Act 1970;

(d) scheduled premises within the meaning of the Noise

Control Act 1975,

the prescribed fee in respect of the licence or renewal is the sum

of the appropriate base fees for the licence or renewal.

(3) The prescribed fee for a renewal of a licence the subject

of an application:

(a) that is made 20 days or more, but less than 30 days, before the date on which the licence would expire if not

renewed - is 150 per cent of the fee that would otherwise

be payable under this clause in respect of the renewal; or
(b)	that is made less than 20 days before the date on which the licence would expire if not renewed - is 200 per cent of the fee that would otherwise be payable under this clause in respect of the renewal.

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EXPLANATORY NOTE

The objects of this Regulation are:

(a)	to extend the time within which an application for a renewal of a licence may be made under section 17B of the State Pollution Control Commission Act 1970; and
(b)	to fix the fees for licences the subject of applications made within the extended time.

Applications made between 20 and 30 days before the expiry date of the licence

concerned will attract fees 150 per cent of the fees otherwise payable. Applications

made less than 20 days before that expiry date will attract fees 200 per cent of the
fees otherwise payabie.