ENVIRONMENTAL PROTECTION REGULATIONS 1987 - REG 5H
ENVIRONMENTAL PROTECTION REGULATIONS 1987 - REG 5H
5H . Partial refunds of fees for licences
(1) If an application
for a licence is refused, the Chief Executive Officer is to —
(a)
deduct from the fee which accompanied the application such amount as the Chief
Executive Officer considers reasonable to meet the administrative costs
associated with determining the application; and
(b)
refund the balance of the fee to the applicant.
(2) If —
(a) a
fee paid in respect of a licence comprised an amount determined under
regulation 5E(2) or (3); and
(b) the
Chief Executive Officer is satisfied that the quantity of waste discharged
from the premises during the term of the licence (the actual discharge ) is
less than the quantity used as the basis for determining that amount; and
(c) an
application for a refund is made in writing in a form approved by the Chief
Executive Officer by the person who is the licensee at the end of the term of
the licence —
(i)
on an application for another licence in respect of the
same premises made within 3 months of the end of the term of the expired
licence; or
(ii)
within 3 months of the end of the term of the
licence,
the Chief Executive
Officer is to refund to the licensee the difference between the fee that would
have been payable if the amount under regulation 5E had been determined
on the basis of the actual discharge and the fee paid.
(3) If —
(a) a
fee paid in respect of a licence comprised an amount under
regulation 5D(1)(b) or (c); and
(b) the
Chief Executive Officer determines during the term of that licence that the
environmental performance and management of the premises to which the licence
relates conform to best practice criteria,
the Chief Executive
Officer is to refund to the licensee an amount which bears the same proportion
to the amount referred to in paragraph (a) as the unexpired portion of
the term of licence (calculated from the day of the determination referred to
in paragraph (b)) bears to the term of the licence.
[Regulation 5H inserted: Gazette
13 Sep 1996 p. 4549; amended: Gazette 12 Sep 1997
p. 5150; 15 Aug 2000 p. 4713‑14;
22 Jun 2004 p. 2150.]