AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 98AA

Liability for payment of fees

(1)  Except as otherwise provided by the regulations, a fee payable –
(a) in relation to an assessment under section 24 or 25 , is payable by the person who made the application for a permit under the Land Use Planning and Approvals Act 1993 that gave rise to the assessment; and
(b) in relation to an assessment undertaken under section 27 on the referral of a person, is payable by the person who made the referral; and
(ba) in relation to an assessment undertaken under section 27AA(3) or (4) , is payable by the person who made the referral, or is the proponent of the project, to which the assessment relates; and
(bb) in relation to an application under section 42I(1) for an environmental licence, is payable by the applicant for the licence; and
(bc) in relation to an application for –
(i) the variation under section 42N(3) of an environmental licence; or
(ii) the renewal under section 42T(1) of an environmental licence; or
(iii) the transfer under section 42W(2) of an environmental licence; or
(iv) the grant under section 42ZH(2) of an approval to surrender an environmental licence –
is payable by the holder of the environmental licence; and
(bd) in respect of an environmental licence, including an annual fee, or any other action taken by the Director or the Board in relation to an environmental licence, is payable by the holder of the environmental licence; and
(c) in relation to a permit under the Land Use Planning and Approvals Act 1993 , is payable by the person responsible for the environmentally relevant activity conducted under the permit; and
(d) in relation to an order made under section 26 of the State Policies and Projects Act 1993 , is payable by the person responsible for the environmentally relevant activity in respect of which the order is made; and
(e) in relation to an authorization under this Act, is payable by the person who applied for or holds the authorization, as the case requires; and
(f) in relation to an environmentally relevant activity, or an action taken by the Board, the Director or an authorized officer relating to an environmentally relevant activity, is payable by the person responsible for that activity.
(2)  If 2 or more persons are liable to pay a fee under this Act, those persons are jointly and severally liable for payment of the fee except where the regulations provide otherwise.
(3)  If, at any time before the commencement of this section, a fee has been levied under this Act on any person, that fee is taken to have been as validly levied as if this section had been in effect at that time.



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