South Australian Current Regulations

ENVIRONMENT PROTECTION REGULATIONS 2023 - REG 31

31—Adjustment of annual authorisation fee or projected annual authorisation fee after end of licence period or projected licence period

        (1)         If the Authority is satisfied after the end of a licence period that the annual authorisation fee determined for the period (as based on estimates made by the Authority under this Division) was an amount less than the amount calculated by reference to the activity as actually undertaken during the licence period or the reporting period immediately preceding the licence period, the Authority may, by notice in writing to the holder of the licence or by conditions of the licence, require the holder of the licence to pay to the Authority, within a specified period, the amount determined by the Authority to represent the difference between those 2 amounts.

Note—

If no resource efficiency component was payable because the pollutant threshold or low salinity water threshold was determined in accordance with regulation 27(4)(b) or (c) as not having been exceeded but information subsequently reported to the Authority shows that the threshold would have been exceeded under regulation 27(4)(a) if that information had then been available and the Authority had been satisfied as to its accuracy, this subregulation will apply and a resource efficiency component will become payable.

        (2)         If the holder of a licence satisfies the Authority (by such evidence as the Authority may require) after the end of a licence period that the annual authorisation fee paid for the period (as based on estimates made by the Authority under this Division) was more than the amount calculated by reference to the activity as actually undertaken during the licence period or the reporting period immediately preceding the licence period, the Authority must refund to the holder of the licence the amount determined by the Authority to represent the difference between those 2 amounts.

        (3)         In this regulation—

"annual authorisation fee" includes a projected annual authorisation fee under regulation 26;

"licence period" includes a projected licence period under regulation 26.