New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 104

104 Recovery of fee for action taken

(1) The Secretary may charge a person (the
"liable person" ) a fee for any action taken by an authorised officer under a power conferred by this Division if, in the opinion of the Secretary, it is reasonable to do so having regard to the following--

(a) any biosecurity duty of the liable person under this Act,

(b) any contravention or likely contravention by the liable person of a requirement imposed by or under this Act.

(2) The fee is to be no more than is reasonable to cover the costs and expenses incurred in connection with the action.

(3) Costs and expenses incurred include costs and expenses incurred by or on behalf of any government agency.

(4) The fee is--

(a) a recoverable amount that is payable to the Secretary, and

(b) recoverable from the liable person.

Note : See Part 20, which provides for the recovery of recoverable amounts and also provides for appeals to the Land and Environment Court against the decision to charge a fee.