South Australian Current Regulations

ENVIRONMENT PROTECTION REGULATIONS 2023 - REG 26

26—Licences—Application fee for grant and authorisation fee for grant or renewal

        (1)         The application fee payable under section 38(1) of the Act for a licence is the sum of—

            (a)         a lodgement fee of 10 fee units; and

            (b)         an assessment fee of—

                  (i)         in the case of a licence to undertake a waste transport business (category A)—4 fee units; or

                  (ii)         in the case of a licence to undertake a waste transport business (category B)—2 fee units; or

                  (iii)         in the case of a licence to undertake dredging or earthworks drainage—34 fee units; or

                  (iv)         in any other case—20% of the amount determined by the Authority at the time of lodgement of the application to be the expected authorisation fee for the grant of the licence (assuming the grant of a licence on the basis of the application) minus the flat fee component.

        (2)         Amounts determined under subregulation (1)(b)(iv) are not subject to adjustment under regulation 31.

        (3)         However, if public notice is to be given under section 39(1), or section 39(1) and (2), of the Act in respect of the application, the amount otherwise payable under subregulation (1) is increased by the amount determined by the Authority to be the cost of publication of the notice but not exceeding—

            (a)         if the notice and other similar notices are to be published together by the Authority—5 fee units; or

            (b)         in any other case—20 fee units.

        (4)         The application fee for the renewal of a licence payable under section 43(2) of the Act is 10 fee units.

        (5)         The authorisation fee payable under section 40 of the Act for the grant of a licence is the amount determined by the Authority to be the "applicant's projected annual authorisation fee , being the amount of the annual authorisation fee (excluding the resource efficiency component) that would be payable by the applicant if the applicant were the holder of a licence liable to pay an annual authorisation fee under section 48 of the Act in respect of the projected licence period, calculated by reference to the Authority's reasonable assumptions as to what would be the nature and level of the applicant's activities if carried on for the whole of the period to which the calculations relate.

        (6)         The authorisation fee payable under section 43(5) of the Act for renewal of a licence is the amount determined by the Authority to be the "applicant's projected annual authorisation fee , being the amount of the annual authorisation fee that would be payable by the applicant if the applicant were the holder of a licence liable to pay an annual authorisation fee under section 48 of the Act in respect of the projected licence period, calculated by reference to the Authority's reasonable assumptions as to what would be the nature and level of the applicant's activities if carried on for the whole of the periods to which the calculations relate.

        (7)         For the purposes of determining the applicant's projected annual authorisation fee—

            (a)         a reference in regulation 27 to an annual authorisation fee is to be read as if it were a reference to the projected annual authorisation fee; and

            (b)         subject to subregulation (8), a reference in these regulations to the current licence period is to be read as if it were a reference to the projected licence period; and

            (c)         a reference in these regulations to activities authorised by the licence is to be read as if it were a reference to activities to be authorised by the licence.

        (8)         If the projected licence period is less than or more than 12 months—

            (a)         a pro rata adjustment is to be made to the amount of the environment management component, and, in the case of renewal, the resource efficiency component, by applying the proportion that the length of the projected licence period bears to 12 months; and

            (b)         the pro rata adjustment is to be made on the basis of months, parts of a month being counted as a full month; and

            (c)         for the purposes of determining the environment management component, if the number of fee units specified in Schedule 2 Part 2 depends on an indicator of the level of activity during the licence period, the indicator is to be determined by the Authority on the basis of the Authority's estimates in relation to the activity during a period of 12 months rather than during the projected licence period.

Examples—

1         If the term of the licence is 3 months, the proportion that the length of the projected licence period bears to 12 months would be ¼.

2         If the term of the licence is 3½ months, the proportion that the length of the projected licence period bears to 12 months would be ⅓.

        (9)         In this regulation—

"projected licence period" means—

            (a)         in the case of a licence for which the holder is not liable to pay an annual authorisation fee under section 48 of the Act (by reason of the fact that the term of the licence is less than 2 years or that it is an environmental authorisation of a prescribed class)—the term of the licence; or

            (b)         in the case of a licence for which the holder is liable to pay an annual authorisation fee under section 48 of the Act—the period between the grant or renewal of the licence and the commencement of the first licence period for which an annual authorisation fee will be payable.