Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 24

Fees in respect of licences and works approvals

24. Fees in respect of licences and works approvals







(1) The fee prescribed in respect of a licence is due and payable-



   (a)  on the day on which it is issued and annually on the date fixed by the
        Authority while the licence continues in force; or

   (b)  if an application under subsection (1A) is granted, on such days and
        in instalments of such amounts (including an amount for interest on
        the balance at a rate not exceeding the rate per centum per annum as
        is prescribed from time to time for the purposes of section 172(2) of
        the Local Government Act 1989 as is determined by the Authority) as
        the Authority determines.

(1A) An applicant for a licence or the holder of a licence may on the ground
of financial hardship apply by an application to the Authority in the form and
manner approved by the Authority accompanied by such information as may be
required by the Authority to pay the fee by instalments.

(2) The licence fee prescribed in respect of each licensed scheduled premises
must not exceed 42 000 fee units with respect to each element of the
environment being the atmosphere, land or waters to which waste is licensed to
be discharged, emitted or deposited.



(2A) The licence fee prescribed in respect of a scheduled premises must not
exceed 42 000 fee units with respect to each licensed scheduled premises used
to reprocess, treat, store, contain, dispose of or handle waste, or substances
which are a danger or potential danger to the quality of the environment or
any segment of the environment.



(2B) The Authority may reduce the licence fee which is otherwise payable in
respect of a licence if the Authority is satisfied upon application to the
Authority for a reduction that in all the circumstances it is reasonable to do
so.

(3) Where the fee required to be paid under subsection (1) is not paid within
one month of that fee becoming due and payable the amount of the fee which is
outstanding shall bear interest at such rate per centum per annum as is
prescribed from time to time for the purposes of section 172(2) of the
Local Government Act 1989.

(4) The fee prescribed in respect of an application for a works approval shall
not exceed 4500 fee units.



(5) Where the Minister certifies that a body corporate or unincorporate-

   (a)  exists for a public, charitable or philanthropic purpose;

   (b)  is not conducted for profit;

   (c)  is financed primarily and principally by donation from members of the
        public and subscriptions from its members; and





   (d)  the payment of a fee otherwise payable under this Part by that body
        would be onerous having regard to its limited financial resources-

the Governor in Council may on the recommendation of the Minister by Order in
Council published in the Government Gazette exempt that body from the payment
of any fee.

(6) If a licence is-

   (a)  surrendered, or in the case of a licence amalgamated under section
        20(11A), partly surrendered; or

   (b)  revoked, or in the case of a licence amalgamated under section
        20(11A), partly revoked, as the result of an exemption by the
        regulations-

the person who held the licence is, from money lawfully available for the
purpose, to be refunded a sum of money calculated from the day the Authority
accepted the surrender or the revocation took effect at the rate of
one-twelfth of the last annual fee paid in respect of the licence for each
remaining whole month of the period in respect of which the fee was paid but
no refund is payable if the sum calculated in accordance with this subsection
is less than one-twelfth of the last annual fee paid.

(7) Where as a result of a licence being amended the annual fee payable is
reduced the holder of the licence shall from money lawfully available for the
purpose be refunded a sum of money calculated from the day the Authority
amended the licence which represents the difference between the amount paid
and the annual fee payable for the amended licence but no refund shall be
payable if the sum calculated in accordance with this subsection is less than
$10.

(8) Where as a result of a licence being amended the annual fee payable is
increased, the holder of the licence must within 14 days of the day on which
the Authority amended the licence pay to the Authority an amount calculated
from the day the Authority amended the licence which represents the difference
between the annual fee payable for the amended licence and the amount already
paid.