New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 295H

295H Cost recovery

(1) The regulations may require participants in a tradeable emission scheme to pay to the EPA a contribution towards the following--

(a) the costs of management and administration of the scheme (including payment for services provided by any person or body exercising functions under the scheme),

(b) the costs of ensuring compliance with the scheme,

(c) any other costs relating to the scheme.

(2) The amount of the contribution (or the manner in which it is to be calculated) and other matters concerning its payment are to be set out in the regulations.

(3) The contribution is recoverable by the EPA as a debt in a court of competent jurisdiction.

(4) The regulations may authorise the payment of the contribution by instalments. If an instalment is not paid by the due date, the balance then becomes due and payable (together with any interest or other penalty for late payment prescribed by the regulations).

(5) The regulations may--

(a) require a person to continue to make a contribution referred to in this section in respect of a tradeable emission permit or credit that has been forfeited until the permit or credit is sold or re-allocated, and

(b) exempt any person or class of persons from payment of a contribution referred to in this section.

(6) The EPA is not required to pay a contribution referred to in this section.