(1)  The Governor may make regulations for the purposes of this Act.

(2)  Without limiting the generality of subsection (1) , regulations under this section may be made for or with respect to–

(a) the periods within which, and the manner in which, applications under this Act may be made to the Appeal Tribunal; and

(b) the management of waste, including–

(i) the classification, generation, storage, treatment, transport, handling and disposal of waste; and

(ii) approvals for the removal, disposal and transport of waste; and

(iii) certificates for the removal, disposal and transport of waste; and

(iv) records in relation to any of the matters referred to in subparagraphs (i) to (iii) ; and

(v) appeals in relation to the refusal of approvals or issuing of certificates for the removal, disposal and transport of waste; and

(c) prohibiting or regulating the emission or disposal of things that are or contain pollutants and the use and operation of places that will or may cause or increase pollution of the environment; and

(ca) matters relating to contaminated sites, including but not limited to –

(i) the undertaking of independent reviews and audits in relation to the contaminated site; and

(ii) the accreditation of independent reviewers and auditors; and

(iii) the establishment of committees for purposes related to the accreditation of independent reviewers and auditors; and

(iv) the issue and publication of guidelines relating to the accreditation of independent reviewers and auditors; and

(d) the making and issuing of codes of practice and the approval or ratification of those codes by Parliament.

(3)  Regulations under this section may prescribe fees for –

(a) the undertaking by the Board of an assessment of a proposed environmentally relevant activity; and

(ab) an application under section 42I(1) for an environmental licence; and

(ac) an application under section 42N(1) for a variation of an environmental licence; and

(ad) an application under section 42S(1) for the renewal of an environmental licence; and

(ae) an application under section 42W(1) for the Director to transfer an environmental licence; and

(af) an application under section 42ZH(1) for an approval to surrender an environmental licence; and

(ag) the determination by the Director as to whether to impose a condition or restriction on an environmental licence and the determination of such a condition or restriction; and

(b) the submission to the Board of a report on an environmental audit; and

(c) the issue of a determination by the Board conferring the protection of section 31 ; and

(d) the issue by the Director or an authorized officer of an emergency authorization; and

(e) the lodgment with the Board of a financial assurance; and

(f) .  .  .  .  .  .  .  .  

(g) any of the matters specified in subsection (2) (b) ; and

(h) any other action taken by the Board, the Director or an authorized officer in the performance or exercise of any function or power under this Act.

(3A)  Regulations under this section may prescribe fees payable –

(a) in respect of an environmental improvement programme approved by the Board under section 40 ; and

(b) in respect of an environmental improvement programme taken, under clause 5 or 6 of Schedule 6 , to have been approved by the Board; and

(ba) an environmental licence, including an annual fee, or any other action taken by the Director or the Board in relation to an environmental licence; and

(c) in respect of a permit granted under the Land Use Planning and Approvals Act 1993 ; and

(d) in respect of a permit taken, under clause 3 of Schedule 6 , to have been granted under the Land Use Planning and Approvals Act 1993 ; and

(e) in respect of an order made under section 26 of the State Policies and Projects Act 1993 in relation to activities for which the Board is responsible for the enforcement of conditions; and

(f) in respect of independent reviews and audits relating to contaminated sites and the accreditation of independent reviewers and auditors; and

(g) in respect of any other matter relating to such contaminated sites.

(4)  Fees prescribed for any of the purposes or matters specified in subsection (3) or (3A) –

(a) may be calculated by reference to the extent of any environmental harm caused or likely to be caused by the activity to which the fee relates or by reference to such other factors as may be specified in the regulations; and

(b) may be set at differential levels to encourage improved environmental performance; and

(c) need not be determined by reference to the costs associated with the provision by the Board, the Director or an authorized officer of the relevant service.

(5)  Fees prescribed in respect of an environmental improvement programme may be calculated by reference to the achievement of the objectives and timetable set out in the programme to the satisfaction of the Board.

(6)  Regulations under this section may provide that the fees payable –

(a) in respect of an environmental improvement programme referred to in subsection (3A) (a) , are payable on the approval of the environmental improvement programme by the Board under section 40 and on each anniversary of that approval; and

(b) in respect of an environmental improvement programme referred to in subsection (3A) (b) , are payable on the commencement of this Act and on each anniversary of the date on which the programme of works, in respect of which the environmental improvement programme is taken to have been approved, was approved by the Minister or the Director of Environmental Control; and

(c) in respect of a permit referred to in subsection (3A) (c) , are payable on the granting of the permit under the Land Use Planning and Approvals Act 1993 and on each anniversary of the granting of that permit; and

(d) in respect of a permit referred to in subsection (3A) (d) , are payable on each anniversary of that permit; and

(e) in respect of an order referred to in subsection (3A) (e) , are payable on the making of the order and on each anniversary of the making of that order.

(6A)  Regulations under this section may make provision for or with respect to –

(a) the collection of fees by any person in relation to any act, matter or thing done or arising under this Act; and

(b) the remission of, or exemption from liability for, any such fees.

(7)  Regulations under this section may –

(a) authorize any act, matter or thing in relation to which the regulations may be made to be from time to time determined, applied or regulated by the Board or the Director; and

(b) be made subject to such conditions or be made so as to apply differently according to such factors as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified; and

(c) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(d) in respect of such an offence, provide for the imposition of a fine not exceeding 1 000 penalty units and, in the case of a continuing offence, a further fine not exceeding 100 penalty units for each day during which the offence continues.

(8)  Regulations under this section may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(9)  A provision referred to in subsection (8) may, if the regulations so provide, take effect from the commencement of this Act or a later date.