(a) an applicant has paid the whole of the evaluation fee payable under Part 2 of Schedule 9 for an evaluation of an application under subsection 9D(3) of the Act to which regulation 16D applies; and
(b) the Secretary has notified the applicant of the decision; and
(c) the notification did not occur within the period specified for the application in subregulation 16D(3);
then 25% of the evaluation fee must be refunded to the applicant.