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TASMANIA
__________
ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL AMENDMENT (FEE
LIABILITY) BILL (No. 2) 2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 98AA inserted
98AA. Liability for payment of fees
[Bill 58]-X
2
ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL AMENDMENT (FEE
LIABILITY) BILL (No. 2) 2002
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Environmental Management
and Pollution Control Act 1994
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Environmental
Management and Pollution Control Amendment (Fee
Liability) Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 58] 3
s. 3 No. Environmental Management and 2002
Pollution Control Amendment (Fee
Liability) (No. 2)
Principal Act
3. In this Act, the Environmental Management and
Pollution Control Act 1994* is referred to as the Principal
Act.
Section 98AA inserted
4. After section 98 of the Principal Act, the following
section is inserted in Division 2:
Liability for payment of fees
98AA. (1) Except as otherwise provided by the
regulations, a fee payable
(a) in relation to an assessment under
section 24 or 25, is payable by the person
who made the application for a permit
under the Land Use Planning and
Approvals Act 1993 that gave rise to the
assessment; and
(b) in relation to an assessment undertaken
under section 27 on the referral of a
person, is payable by the person who
made the referral; and
(c) in relation to a permit under the Land
Use Planning and Approvals Act 1993, is
payable by the person responsible for the
environmentally relevant activity
conducted under the permit; and
(d) in relation to an order made under
section 26 of the State Policies and
*No. 44 of 1994
4
2002 Environmental Management and No. s. 4
Pollution Control Amendment (Fee
Liability) (No. 2)
Projects Act 1993, is payable by the
person responsible for the
environmentally relevant activity in
respect of which the order is made; and
(e) in relation to an authorization under
this Act, is payable by the person who
applied for or holds the authorization, as
the case requires; and
(f) in relation to an environmentally
relevant activity, or an action taken by
the Board, the Director or an authorized
officer relating to an environmentally
relevant activity, is payable by the
person responsible for that activity.
(2) If 2 or more persons are liable to pay a fee
under this Act, those persons are jointly and
severally liable for payment of the fee except where
the regulations provide otherwise.
(3) If, at any time before the commencement of
this section, a fee has been levied under this Act on
any person, that fee is taken to have been as validly
levied as if this section had been in effect at that
time.
Government Printer, Tasmania 5