Environmental Management and Pollution Control (General Fees) Amendment Regulations 2009

Environmental Management and Pollution Control (General Fees) Amendment Regulations 2009

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .

14 December 2009

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

MICHELLE O'BYRNE

Minister for Environment, Parks and Heritage

1.   Short title

These regulations may be cited as the Environmental Management and Pollution Control (General Fees) Amendment Regulations 2009 .

2.   Commencement

These regulations take effect on the seventh day after the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Environmental Management and Pollution Control (General Fees) Regulations 2007 are referred to as the Principal Regulations.

4.    Regulation 4 amended (Fees for LUPAA permits and environment protection notices)

Regulation 4(2) of the Principal Regulations is amended as follows:

(a) by inserting "or for the issue and service of an environment protection notice issued in accordance with section 27(6) of the Act" after "a LUPAA permit";

(b) by inserting "or one environment protection notice, respectively," after "one LUPAA permit".

5.    Regulation 6 substituted

Regulation 6 of the Principal Regulations is rescinded and the following regulation is substituted:

6.   Fees for environment protection notices

(1)  In this regulation –

relevant fee, in relation to an environment protection notice, means –

(a) in the case of a level 2 activity, the fee prescribed under regulation 4(1) ; or

(b) in the case of an environmentally relevant activity (other than a level 1 activity, level 2 activity or level 3 activity), 16 500 fee units plus a variable fee of 12 680 fee units;

relevant period, in relation to an environment protection notice, means –

(a) the first 12 month period after the environment protection notice is issued and served on a person; and

(b) each 12 month period after the period referred to in paragraph (a) .

(2)  A person issued and served in accordance with section 27(6) of the Act, with an environment protection notice that is in force, is liable to pay the relevant fee for all the actions taken by the Director or an authorised officer, during a relevant period, to ensure compliance with any conditions or restrictions contained in the notice.

(4)  The person liable to pay the relevant fee under subregulation (2) in relation to a relevant period is pay the fee within 30 days after the day on which the relevant period ends.

(5)  The fees prescribed under this regulation are exempt from GST.

6.    Regulation 7 amended (When fees for LUPAA permits, orders and environment protection notices payable)

Regulation 7 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) and substituting the following subregulations:

(1)  The person liable to pay the fee under regulation 4 in respect of a LUPPA permit is to pay that fee within 60 days after the day on which the permit is granted and on each anniversary of that day.

(1A)  The person liable to pay the fee under regulation 4(2) in respect of an environment protection notice is to pay that fee within 30 days after the day on which the notice is granted and on each anniversary of that day while the notice remains in force.

(b) by omitting from subregulation (2) "while the order remains in force";

(c) by omitting subregulation (3) .

7.    Regulation 8 amended (Exemptions from variable fees at Board's discretion)

Regulation 8 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (2) "vary or" after "may";

(b) by omitting subregulation (3) and substituting the following subregulation:

(3)  Within 14 days after varying or revoking an exemption, the Board is to provide notice in writing of the variation or revocation to the person granted the exemption specifying the day on which the variation or revocation takes effect.

8.    Regulation 9 amended (Exemptions from variable fees on application of person)

Regulation 9 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "A person liable" and substituting "Not less than 12 months after the day on which a person became liable";

(b) by inserting in subregulation (1) "the person" after "6(1)";

(c) by inserting in subregulation (2)(a) "next" after "before the";

(d) by omitting subparagraph (iii) from subregulation (2)(a) and substituting the following subparagraph:

(iii) the day on which the environment protection notice to which the variable fee relates was served; and

(e) by omitting subregulation (6) and substituting the following subregulation:

(6)  The Board may vary or revoke an exemption granted under subregulation (3) if the Board considers it appropriate to do so.

(f) by inserting in subregulation (7) "varying or" after "after";

(g) by inserting in subregulation (7) "variation or" after "of the";

(h) by omitting subregulation (8) and substituting the following subregulation:

(8)  Notice of the variation or revocation of an exemption is to specify –

(a) the details of the variation or revocation; and

(b) the day on which the variation or revocation takes effect; and

(c) for a notice of the revocation of an exemption, the period during which the person cannot re-apply for the exemption to which the revocation relates.

9.    Regulation 10 amended (Low-risk activities)

Regulation 10 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) and substituting the following subregulations:

(1)  Not less than 12 months after the day on which a person became –

(a) responsible for a level 2 activity conducted under a LUPAA permit; or

(b) subject to an environment protection notice issued in accordance with section 27(6)(a) of the Act –

the person may apply in writing to the Board for a determination as to whether or not an environmentally relevant activity that is a level 2 activity to which the permit or notice relates is a low-risk activity.

(1A)  An application is to –

(a) be made not less than 90 days before the next anniversary of –

(i) the day on which the LUPAA permit to which the application relates was granted; or

(ii) the day on which the environment protection notice to which the application relates was served; and

(b) be in a form approved by the Board; and

(c) be accompanied by any documents the Board considers appropriate; and

(d) contain any additional information the Board considers appropriate.

(b) by inserting the following subregulation after subregulation (2) :

(2A)  A determination made under subregulation (2)(a) may be made with or without any conditions the Board considers appropriate.

(c) by omitting from subregulation (6) "holder of the LUPAA permit" and substituting "person who is responsible for the level 2 activity conducted under the LUPAA permit";

(d) by omitting from subregulation (7) "an exemption" and substituting "a determination".

10.    Regulation 11 amended (Fees for assessments)

Regulation 11 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "responsible for that activity" and substituting "who made the application for a permit under the Land Use Planning and Approvals Act 1993 that gave rise to the assessment";

(b) by inserting the following subregulation after subregulation (1) :

(1A)  The fee payable in respect of the assessment by the Board under section 25(2)(a) of the Act of a use or development that is, under section 25(1A) of the Act, not ancillary to an existing level 2 activity is the hourly rate or 41 322 fee units, whichever is the lesser.

(c) by omitting from subregulation (2) "responsible for that activity" and substituting "who made the application for a permit under the Land Use Planning and Approvals Act 1993 that gave rise to the assessment";

(d) by inserting the following subregulation after subregulation (2) :

(2A)  If a notice of intent is lodged under section 27B(1) of the Act, the fee referred to in subregulation (2) is to be calculated from the day on which the notice was lodged.

(e) by inserting in subregulation (3) "the referral of" after "for";

(f) by inserting in subregulation (4) "the referral of" after "for";

(g) by omitting from subregulation (6) "inclusive of" and substituting "exclusive of".

11.    Regulation 12 amended (When fees for assessments payable)

Regulation 12 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) and substituting the following subregulation:

(1)  The person liable to pay a fee under regulation 11(1) , (1A) or (2) is to pay that fee within 60 days after the day on which –

(a) the relevant LUPAA permit is granted; or

(b) the relevant LUPAA permit is not granted; or

(c) that person withdraws the application for the relevant LUPAA permit.

(b) by omitting from subregulation (2)(b) "notice." and substituting "notice; or";

(c) by inserting the following paragraph after paragraph (b) in subregulation (2) :

(c) in the case of the person withdrawing the referral for the relevant activity before a notice referred to in paragraph (a) or (b) is served on the person, within 30 days after the day on which he or she withdraws that referral.

12.    Regulation 15 amended (Miscellaneous fees)

Regulation 15 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (5) "or amendment of an environment protection notice, or for inspection or other appropriate actions to ensure that such a notice is complied with," and substituting "of an environment protection notice in accordance with section 44 of the Act or the amendment of a notice under section 44(5) of the Act,";

(b) by inserting the following subregulations after subregulation (5) :

(5A)  The fee payable by a person issued with an environment protection notice in accordance with section 44 of the Act, for the assessment, inspection, or other appropriate actions, to ensure that any measures specified in the notice or any requirements imposed in the notice are complied with, is the hourly rate.

(5B)  The fee payable by a person under section 74N(1)(a) of the Act for the issue and service or amendment of a notice issued under section 74C of the Act is –

(a) 200 fee units; and

(b) the hourly rate or 41 322 fee units, whichever is the lesser.

(5C)  The fee payable by a person under section 74N(1)(d) or (e) of the Act for inspection, or other appropriate actions, to ensure that a notice issued under section 74C of the Act is complied with is the hourly rate.

(c) by omitting subregulation (6) and substituting the following subregulation:

(6)  Subregulations (5) and (5A) do not apply to an environment protection notice –

(a) to which regulation 6 applies; or

(b) issued in accordance with section 44(1)(d) of the Act; or

(c) issued in accordance with section 44(2) of the Act.

13.    Regulation 16 amended (When miscellaneous fees payable)

Regulation 16 of the Principal Regulations is amended by inserting after subregulation (5) the following subregulations:

(6)  The person liable to pay a fee under regulation 15(5A) is to pay the fee within 30 days after an invoice for the fee is issued or when required, in writing by the Board, to pay the fee.

(7)  The person liable to pay a fee under regulation 15(5B) is to pay the fee within 30 days after the issue and service, or amendment, of the notice or when required, in writing by the Board, to pay the fee.

(8)  The person liable to pay a fee under regulation 15(5C) is to pay the fee within 30 days after an invoice for the fee is issued or when required, in writing by the Board, to pay the fee.

14.    Regulation 17 amended (Exemptions from fees payable under regulations)

Regulation 17 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2)(b) "appropriate." and substituting "appropriate; and";

(b) by inserting the following paragraph after paragraph (b) in subregulation (2) :

(c) contain any additional information the Board considers appropriate.

(c) by inserting in subregulation (5) "vary or" after "may";

(d) by inserting in subregulation (6) "varying or" after "after";

(e) by inserting in subregulation (6) "variation or" after "of the";

(f) by omitting subregulation (7) and substituting the following subregulation:

(7)  Notice of the variation or revocation of an exemption is to specify –

(a) the details of the variation or revocation; and

(b) the day on which the variation or revocation takes effect; and

(c) for a notice of the revocation of an exemption, the period during which the person cannot re-apply for the exemption.

15.    Part 7 inserted

After regulation 17 of the Principal Regulations , the following Part is inserted:

PART 7 - Guidelines

19.   Guidelines

(1)  The Board may issue guidelines for the purpose of the administration of –

(a) exemptions from variable fees under regulation 8 ; and

(b) exemptions from variable fees under regulation 9 ; and

(c) determinations of low-risk activity status under regulation 10 ; and

(d) exemptions from fees payable under these regulations under regulation 17 .

(2)  The guidelines may be made so as to apply differently according to the factors that are specified in the guidelines.

(3)  The guidelines may authorise any matter to be from time to time approved, determined, applied or regulated by the Board or the Director.

16.    Schedule 1 substituted

Schedule 1 to the Principal Regulations is rescinded and the following Schedule is substituted:

SCHEDULE 1 - Annual Fees and Assessment Fees

Regulations 4 and 11

	Column 1	Column 2	Column 3	Column 4
	Level 2 activity	Fixed fee	Variable fee	Assessment fee
		(fee units)	(fee units)	(fee units/hourly  rate)
1.	PETROLEUM AND CHEMICAL
	(a) Chemical Works (Processing capacity in tonnes of raw material per year)
	(i) Premises discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 200 but not more than 1 000	500	384	1 200
	More than 1 000 but not more than 10 000	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 10 000 but not more than 30 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 30 000 but not more than 100 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 100 000 but not more than 200 000	7 500	5 764	Hourly rate or 20 661 whichever is lower
	More than 200 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(ii) Premises not discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 200 but not more than 1 000	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 1 000 but not more than 10 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 10 000 but not more than 30 000	3 400	2 613	Hourly rate or 4 132 whichever is lower
	More than 30 000 but not more than 100 000	7 500	5 764	Hourly rate or 8 264 whichever is lower
	More than 100 000 but not more than 200 000	11 000	8 454	Hourly rate or 20 661 whichever is lower
	More than 200 000	16 500	12 680	Hourly rate or 41 322 whichever is lower
	(b) Coal-Processing Works (Processing capacity in tonnes of raw material per year)
	Not more than 1 000	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 1 000 but not more than 50 000	3 400	2 613	Hourly rate or 20 661 whichever is lower
	More than 50 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(c) Oil Refineries(Tonnes of raw material refined or produced per year)
	(i) Premises discharging all wastewater to an external treatment plant approved by the Board
	Not more than 2 000	500	384	Hourly rate or 4 132 whichever is lower
	More than 2 000 but not more than 10 000	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 10 000 but not more than 50 000	1 800	1 383	Hourly rate or 8 264 whichever is lower
	More than 50 000 but not more than 200 000	3 400	2 613	Hourly rate or 20 661 whichever is lower
	More than 200 000 but not more than 500 000	7 500	5 764	Hourly rate or 20 661 whichever is lower
	More than 500 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(ii) Premises not discharging all wastewater to an external treatment plant approved by the Board
	Not more than 2 000	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 2 000 but not more than 10 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 10 000 but not more than 50 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 50 000 but not more than 200 000	7 500	5 764	Hourly rate or 20 661 whichever is lower
	More than 200 000 but not more than 500 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	More than 500 000	16 500	12 680	Hourly rate or 41 322 whichever is lower
	(d) Wood Preservation Works (cubic metres produced per year)
	Not more than 500	500	384	Hourly rate or 4 132 whichever is lower
	More than 500 but not more than 5 000	1 000	769	Hourly rate or 8 264 whichever is lower
	More than 5 000 but not more than 10 000	1 800	1 383	Hourly rate or 20 661 whichever is lower
	More than 10 000	3 400	2 613	Hourly rate or 41 322 whichever is lower
2.	MANUFACTURING AND MINERAL PROCESSING
	(a) Cement Works(Tonnes produced per year)
	Not more than 50 000	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 50 000 but not more than 250 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 250 000 but not more than 750 000	7 500	5 764	Hourly rate or 20 661 whichever is lower
	More than 750 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(b) Ceramic Works(Production capacity in tonnes of product per year)
	More than or equal to 200 but not more than 1 000	500	384	750
	More than 1 000 but not more than 10 000	1 000	769	900
	More than 10 000 but not more than 50 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 50 000 but not more than 200 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 200 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(c) Ferrous and Non-ferrous Metal Making (Capacity to melt metal in kg per working day of 8 hours)
	(i) Premises discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 500 but not more than 2 000	250	192	750
	More than 2 000 but not more than 4 000	500	384	900
	More than 4 000 but not more than 8 000	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 8 000 but not more than 20 000	1 800	1 383	Hourly rate or 8 264 whichever is lower
	More than 20 000 but not more than 60 000	3 400	2 613	Hourly rate or 20 661 whichever is lower
	More than 60 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(ii) Premises not discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 500 but not more than 2 000	500	384	750
	More than 2 000 but not more than 4 000	1 000	769	900
	More than 4 000 but not more than 8 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 8 000 but not more than 20 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 20 000 but not more than 60 000	7 500	5 764	Hourly rate or 20 661 whichever is lower
	More than 60 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(d) Metallurgical Works(Tonnes of raw material processed per year)
	Not more than 500	500	384	750
	More than 500 but not more than 1 000	1 000	769	900
	More than 1 000 but not more than 5 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 5 000 but not more than 20 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 20 000 but not more than 75 000	7 500	5 764	Hourly rate or 8 264 whichever is lower
	More than 75 000 but not more than 125 000	11 000	8 454	Hourly rate or 20 661 whichever is lower
	More than 125 000	16 500	12 680	Hourly rate or 41 322 whichever is lower
	(e) Mineral Works(Tonnes of raw material processed per year)
	More than or equal to 1 000 but not more than 5 000	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 5 000 but not more than 10 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 10 000 but not more than 25 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 25 000 but not more than 75 000	7 500	5 764	Hourly rate or 8 264 whichever is lower
	More than 75 000 but not more than 250 000	11 000	8 454	Hourly rate or 20 661 whichever is lower
	More than 250 000	16 500	12 680	Hourly rate or 41 322 whichever is lower
	(f) Pulp and Paper Works (Tonnes of raw material processed per year)
	Not more than 5 000	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 5 000 but not more than 10 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 10 000 but not more than 25 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 25 000 but not more than 75 000	7 500	5 764	Hourly rate or 8 264 whichever is lower
	More than 75 000 but not more than 150 000	11 000	8 454	Hourly rate or 20 661 whichever is lower
	More than 150 000 but not more than 500 000	16 500	12 680	Hourly rate or 41 322 whichever is lower
	More than 500 000	41 322	31 770	Hourly rate or 41 322 whichever is lower
	(g) Wood Processing Works (Cubic metres of product produced per year)
	More than or equal to 1 000 but not more than 5 000	500	384	750
	More than 5 000 but not more than 15 000	1 000	769	900
	More than 15 000 but not more than 30 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 30 000 but not more than 50 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 50 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(h) Textile Bleaching and Dyeing Factories (Capacity to consume water, kL per working day of 8 hours)
	(i) Premises discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 100 but not more than 200	500	384	750
	More than 200 but not more than 500	1 000	769	900
	More than 500 but not more than 3 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 3 000	3 400	2 613	Hourly rate or 41 322 whichever is lower
	(ii) Premises not discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 100 but not more than 200	1 000	769	750
	More than 200 but not more than 500	1 800	1 383	900
	More than 500 but not more than 3 000	3 400	2 613	Hourly rate or 4 132 whichever is lower
	More than 3 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(i) Woodchip Mills (Tonnes of product produced per year)
	More than or equal to 1 000 but not more than 25 000	1 000	769	1 200
	More than 25 000 but not more than 100 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 100 000 but not more than 500 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 500 000 but not more than 1 000 000	7 500	5 764	Hourly rate or 20 661 whichever is lower
	More than 1 000 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
3.	WASTE TREATMENT AND DISPOSAL
	(a) Wastewater Treatment Works (With a design capacity to treat an average dry weather flow of sewage, kL per day)
	More than or equal to 100 but not more than 200	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 200 but not more than 500	1 800	1 383	Hourly rate or 8 264 whichever is lower
	More than 500 but not more than 10 000	3 400	2 613	Hourly rate or 20 661 whichever is lower
	More than 10 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(b) Waste Depots (Tonnes of waste received or likely to be received per year, not including materials for recycling)
	(i) Inert Waste Depots
	More than or equal to 100 but not more than 500	500	192	750
	More than 500 but not more than 2 500	500	192	900
	More than 2 500 but not more than 10 000	900	692	Hourly rate or 4 132 whichever is lower
	More than 10 000 but not more than 25 000	1 700	1 306	Hourly rate or 4 132 whichever is lower
	More than 25 000 but not more than 50 000	3 750	2 882	Hourly rate or 4 132 whichever is lower
	More than 50 000	5 500	4 227	Hourly rate or 41 322 whichever is lower
	(ii) Other Waste Depots
	More than or equal to 100 but not more than 500	500	384	1 200
	More than 500 but not more than 2 500	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 2 500 but not more than 10 000	1 800	1 383	Hourly rate or 8 264 whichever is lower
	More than 10 000 but not more than 25 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 25 000 but not more than 50 000	7 500	5 764	Hourly rate or 20 661 whichever is lower
	More than 50 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(c) Resource Recovery: the conduct of works for –
	(i) Production of compost or mushroom substrate (tonnes of product produced per year)
	More than or equal to 100 but not more than 500	500	384	1 200
	More than 500 but not more than 2 500	750	576	HR or 4 132 whichever is lower
	More than 2 500 but not more than 10 000	1 350	1 038	HR or 8 264 whichever is lower
	More than 10 000 but not more than 25 000	2 550	1 959	HR or 8 264 whichever is lower
	More than 25 000 but not more than 50 000	5 625	4 323	HR or 20 661 whichever is lower
	More than 50 000	8 250	6 340	HR or 41 322 whichever is lower
	(ii) Application to land of Class 2 or Class 3 biosolids, within the meaning of the Tasmanian Biosolids Re-Use Guidelines 1999 as amended from time to time
	More than 50 wet tonnes applied per hectare every 3 years	250	192	Hourly rate or 41 322 whichever is lower
	More than 50% of the Nitrogen Limited Application Rate every 3 years	250	192	Hourly rate or 41 322 whichever is lower
4.	FOOD PRODUCTION AND ANIMAL AND PLANT PROCESSING
	(a) Abbatoirs or Slaughterhouses (Tonnes of product produced per year)
	(i) Premises discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 100 but not more than 500	250	192	750
	More than 500 but not more than 2 000	500	384	900
	More than 2 000 but not more than 5 000	1 000	769	HR or 4 132 whichever is lower
	More than 5 000 but not more than 10 000	1 800	1 383	HR or 8 264 whichever is lower
	More than 10 000	3 400	2 613	HR or 41 322 whichever is lower
	(ii) Premises not discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 100 but not more than 500	500	384	750
	More than 500 but not more than 2 000	1 000	769	1 200
	More than 2 000 but not more than 5 000	1 800	1 383	HR or 4 132 whichever is lower
	More than 5 000 but not more than 10 000	3 400	2 613	HR or 8 264 whichever is lower
	More than 10 000	7 500	5 764	HR or 41 322 whichever is lower
	(b) Breweries and Distilleries (Capacity to consume water, kL per working day of 8 hours)
	(i) Premises discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 100 but not more than 200	1 000	769	1 200
	More than 200 but not more than 500	1 800	1 383	Hourly rate or 8 264 whichever is lower
	More than 500	3 400	2 613	Hourly rate or 41 322 whichever is lower
	(ii) Premises not discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 100 but not more than 200	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 200 but not more than 500	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 500	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(c) Fish Processing(Tonnes of product produced per year)
	(i) Premises discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 100 but not more than 500	250	192	750
	More than 500 but not more than 2 000	500	384	900
	More than 2 000 but not more than 5 000	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 5 000 but not more than 10 000	1 800	1 383	Hourly rate or 8 264 whichever is lower
	More than 10 000	3 400	2 613	Hourly rate or 41 322 whichever is lower
	(ii) Premises not discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 100 but not more than 500	500	384	750
	More than 500 but not more than 2 000	1 000	769	1 200
	More than 2 000 but not more than 5 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 5 000 but not more than 10 000	3 400	2 613	Hourly rate or 4 132 whichever is lower
	More than 10 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(d) Milk-Processing Works (Processing capacity in kL of whole milk, skim milk or cream per working day of 8 hours)
	(i) Premises discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 3 but not more than 12	250	192	750
	More than 12 but not more than 40	500	384	900
	More than 40 but not more than 120	1 000	769	1 200
	More than 120 but not more than 500	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 500 but not more than 1 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 1 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(ii) Premises not discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 3 but not more than 12	500	384	750
	More than 12 but not more than 40	1 000	769	1 200
	More than 40 but not more than 120	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 120 but not more than 500	3 400	2 613	Hourly rate or 4 132 whichever is lower
	More than 500 but not more than 1 000	7 500	5 764	Hourly rate or 8 264 whichever is lower
	More than 1 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(e) Produce Processing Works (Processing capacity, kg per hour)
	(i) Premises discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 50 but not more than 200	500	384	750
	More than 200 but not more than 1 000	1 000	769	1 200
	More than 1 000 but not more than 5 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 5 000 but not more than 15 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 15 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(ii) Premises not discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 50 but not more than 200	1 000	769	900
	More than 200 but not more than 1 000	1 800	1 383	1 200
	More than 1 000 but not more than 5 000	3 400	2 613	Hourly rate or 4 132 whichever is lower
	More than 5 000 but not more than 15 000	7 500	5 764	Hourly rate or 8 264 whichever is lower
	More than 15 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(f) Rendering or Fat-Extraction Works (Total processing capacity, kg per hour or kilograms per batch)
	(i) Premises discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 50 but not more than 100	500	384	900
	More than 100 but not more than 500	1 000	769	1 200
	More than 500 but not more than 1 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 1 000 but not more than 5 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 5 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(ii) Premises not discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 50 but not more than 100	1 000	769	1 200
	More than 100 but not more than 500	1 800	1 383	1 200
	More than 500 but not more than 1 000	3 400	2 613	Hourly rate or 4 132 whichever is lower
	More than 1 000 but not more than 5 000	7 500	5 764	Hourly rate or 8 264 whichever is lower
	More than 5 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(g) Wool Scourers, Tanneries or Fellmongeries (Tonnes of product produced per year)
	(i) Premises discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 100 but not more than 200	1 000	769	1 200
	More than 200 but not more than 1 000	1 800	1 383	Hourly rate or 8 264 whichever is lower
	More than 1 000	3 400	2 613	Hourly rate or 41 322 whichever is lower
	(ii) Premises not discharging all wastewater to an external treatment plant approved by the Board
	More than or equal to 100 but not more than 200	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 200 but not more than 1 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 1 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
5.	EXTRACTIVE INDUSTRIES
	(a) Quarries (Product produced, in cubic metres per year)
	More than or equal to 5 000 but not more than 10 000	500	384	750
	More than 10 000 but not more than 20 000	1 000	769	900
	More than 20 000 but not more than 75 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 75 000 but not more than 250 000	3 400	2 613	Hourly rate or 4 132 whichever is lower
	More than 250 000 but not more than 500 000	7 500	5 764	Hourly rate or 8 264 whichever is lower
	More than 500 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(b) Extractive Pits (Product produced, in cubic metres per year)
	More than or equal to 5 000 but not more than 10 000	500	384	750
	More than 10 000 but not more than 20 000	1 000	769	900
	More than 20 000 but not more than 75 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 75 000 but not more than 250 000	3 400	2 613	Hourly rate or 4 132 whichever is lower
	More than 250 000 but not more than 500 000	7 500	5 764	Hourly rate or 8 264 whichever is lower
	More than 500 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(c) Mines (Product produced, in cubic metres per year)
	More than or equal to 1 000 but not more than 2 000	500	384	Hourly rate or 4 132 whichever is lower
	More than 2 000 but not more than 10 000	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 10 000 but not more than 25 000	1 800	1 383	Hourly rate or 8 264 whichever is lower
	More than 25 000 but not more than 75 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 75 000 but not more than 250 000	7 500	5 764	Hourly rate or 20 661 whichever is lower
	More than 250 000 but not more than 500 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	More than 500 000	16 500	12 680	Hourly rate or 41 322 whichever is lower
6.	MATERIALS HANDLING
	(a) Crushing, Grinding or Milling
	(i) Chemicals or rubber (Processed, tonnes per year)
	More than or equal to 200 but not more than 1 000	500	384	750
	More than 1 000 but not more than 5 000	1 000	769	1 200
	More than 5 000 but not more than 20 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 20 000 but not more than 50 000	3 400	2 613	Hourly rate or 4 132 whichever is lower
	More than 50 000 but not more than 200 000	7 500	5 764	Hourly rate or 8 264 whichever is lower
	More than 200 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(ii) Rocks, ores or minerals (Processed, cubic metres per year)
	More than or equal to 1 000 but not more than 2 500	500	384	750
	More than 2 500 but not more than 5 000	1 000	769	1 200
	More than 5 000 but not more than 20 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 20 000 but not more than 50 000	3 400	2 613	Hourly rate or 4 132 whichever is lower
	More than 50 000 but not more than 200 000	7 500	5 764	Hourly rate or 8 264 whichever is lower
	More than 200 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(b) Coal Handling and Washing (Handling or washing capacity, tonnes per day)
	More than or equal to 100 but not more than 500	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 500 but not more than 1 000	1 800	1 383	Hourly rate or 4 132 whichever is lower
	More than 1 000 but not more than 2 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 2 000	7 500	5 764	Hourly rate or 41 322 whichever is lower
7.	OTHER
	(a) Fuel Burning (Capacity to consume fuel, tonnes per hour)
	More than or equal to 1 but not more than 5	1 000	769	750
	More than 5 but not more than 25	1 800	1 383	1 200
	More than 25 but not more than 50	3 400	2 613	Hourly rate or 4 132 whichever is lower
	More than 50	7 500	5 764	Hourly rate or 41 322 whichever is lower
	(b) Pre-mix Bitumen Plants (Product produced in tonnes per year)
	More than or equal to 1 000 but not more than 5 000	500	384	750
	More than 5 000 but not more than 10 000	1 000	769	900
	More than 10 000 but not more than 50 000	1 800	1 383	1 200
	More than 50 000	3 400	2 613	Hourly rate or 41 322 whichever is lower
	(c) Disposing of Wastes in Internal Marine Waters (Design capacity or likely quantity to be deposited, tonnes per year)
	More than or equal to 100 but not more than 500	500	384	1 200
	More than 500 but not more than 2 500	1 000	769	Hourly rate or 4 132 whichever is lower
	More than 2 500 but not more than 10 000	1 800	1 383	Hourly rate or 8 264 whichever is lower
	More than 10 000 but not more than 25 000	3 400	2 613	Hourly rate or 8 264 whichever is lower
	More than 25 000 but not more than 50 000	7 500	5 764	Hourly rate or 20 661 whichever is lower
	More than 50 000	11 000	8 454	Hourly rate or 41 322 whichever is lower
	(d) Wind Energy Facilities (Generating capacity in megawatts)
	More than or equal to 30 but not more than 200	11 000	8 454	Hourly rate or 41 322 whichever is lower
	More than 200	16 500	12 680	Hourly rate or 41 322 whichever is lower

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 December 2009

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Environmental Management and Pollution Control (General Fees) Regulations 2007 to –

(a) insert new fees and revise certain existing fees; and

(b) update the description of certain fees; and

(c) allow for the variation or revocation of exemptions from certain fees; and

(c) enable the Board of the Environment Protection Authority to issue guidelines for certain administrative purposes.