Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) The Authority must give a written notice under subsection (2) as soon as practicable after:
(a) receiving a fee-bearing application from a person; and
(b) making a decision on the approach to be used for assessing the relevant impacts of the proposed conduct.
(2) The notice must:
(a) state the fee payable for the application; and
(b) state the day on which the notice is given; and
(c) require the person to pay, within 21 days after that day:
(i) the fee in full (unless subparagraph (ii) applies); or
(ii) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement--the sum of $10,000 in part payment of the fee.
(3) If:
(a) a person makes a payment in accordance with subparagraph (2)(c)(ii) or paragraph (6)(b) in relation to the assessment of a fee-bearing application for permission to conduct an activity whose relevant impacts are to be assessed by public environment report or environmental impact statement; and
(b) the public environment report or environmental impact statement about the activity is made available in draft or final form;
the Authority must give the person a notice in writing:
(c) stating the day on which the notice is given; and
(d) requiring the person to pay, within 21 days after that day, the amount of the fee that has not been paid.
Applications that are withdrawn
(4) If an application for permission is withdrawn before the end of the 21 days referred to in paragraph (2)(c):
(a) no fee is payable for the application; and
(b) the amount of any fee paid for it is to be refunded.
(5) Otherwise, an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.
Notice if decision on assessment approach is revoked and replaced
(6) The Authority must give a notice under subsection (7) if:
(a) after the Authority has given a person notice under subsection (2) or (3) relating to an application for a permission based on a decision that a particular approach (the old approach ) be used to assess the relevant impacts of the proposed conduct, the Authority revokes the decision and decides that another approach (the new approach ) must be used; and
(b) the fee (the new fee ) payable under section 202 on the basis of the new approach exceeds the fee (the old fee ) that was payable under that section on the basis of the old approach; and
(c) it is not the case that the old fee was set by item 4 of the table in subsection 202(4) and the new fee is set by item 5 of that table.
Note: If paragraph (c) is not met, subsection (1) continues to apply.
(7) The Authority must give the person a notice in writing (the new notice ) stating the day on which the new notice is given and requiring the person to pay, within 21 days after that day:
(a) the excess of the new fee over the amount of the old fee that has already been paid (unless paragraph (b) applies); or
(b) if the relevant impacts of the activity are to be assessed by public environment report or environmental impact statement:
(i) $10,000 in part payment of the new fee; or
(ii) if an amount of the old fee has already been paid--the excess of $10,000 over that amount in part payment of the new fee.
Note: If paragraph (7)(b) applies, subsection (3) can apply later to allow the Authority to give notice requiring the person to pay the difference between the new fee and $10,000.