Environmental Protection (Cost Recovery) Regulations 2021 (WA)

Western Australia Environmental Protection Act 1986 Environmental Protection (Cost Recovery) Regulations 2021 Western Australia Environmental Protection (Cost Recovery) Regulations 2021 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 Part 2 — Fees for Part IV of Act Division 1 — General fees 4. General fees for referral, assessment and implementation of proposals 4 5. Assessment fees for proposals 7 6. Referral of proposal: payment of fee 9 7. Request for further information: payment of fee 10 8. Assessment of proposal: payment of fee 10 9. Inquiry into implementation conditions: payment of fee 11 Division 2 — Fees for external costs 10. Fees for external costs incurred by the Department 11 Division 3 — Annual compliance fees 11. Annual compliance fees 12 12. Compliance priority rating 13 Division 4 — Miscellaneous provisions 13. Fee waiver, reduction or refund 13 14. Extension of time within which to pay fee 13 15. Interest on outstanding amounts 14 16. Recovery of unpaid amounts 14 Division 5 — Transitional provisions 17. Term used 15 18. Pre‑commencement circumstances, costs and fees 15 19. Assessments commenced, but not completed, pre‑commencement 15 20. Application of regulation 11 16 Division 6 — Review of fees 21. Review of fees under Division 1 16 Notes Compilation table 17 Defined terms Environmental Protection Act 1986 Environmental Protection (Cost Recovery) Regulations 2021

Part 1 — Preliminary

1. Citation These regulations are the Environmental Protection (Cost Recovery) Regulations 2021.

2. Commencement These regulations come into operation as follows — (a) Part 1 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.

3. Terms used In these regulations — accredited assessment process means a process under Part IV of the Act that the Commonwealth Minister has, under the EPBC Act section 87(1), decided to use for an assessment for the purposes of the EPBC Act; agency has the meaning given in the Public Sector Management Act 1994 section 3(1); Commonwealth Minister means the Minister referred to in the EPBC Act; compliance priority rating, for an approved proposal, has the meaning given in regulation 12; costs, of the Department — (a) means — (i) costs of employing Departmental staff who assess proposals; and (ii) costs of employing Departmental staff, to the extent that they manage or support staff referred to in subparagraph (i); and (iii) indirect costs of the Department; and (iv) costs of funding staff of another agency for the purposes of the other agency assisting, or providing advice, in relation to the Department assessing proposals; but (b) does not include external costs of the Department; Departmental staff means persons referred to in section 22 or 24 of the Act; Department's website means a website maintained by or on behalf of the Department; ecological community has the meaning given in the Biodiversity Conservation Act 2016 section 5(1); EMP means an environmental management plan, environmental management system or environmental improvement plan; environmental offset means a requirement intended to offset the impact of the implementation of a proposal on the environment, including a requirement of the kind referred to in section 45A(1)(b), (c) or (d) of the Act; EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth); external costs, of the Department, means — (a) costs of acquiring services in the nature of advice; and (b) costs (including of meals and accommodation) of Departmental staff travelling to the site of a proposal or a related site; fee includes charge; indirect costs, of the Department, means costs that are not directly attributable to the performance of a particular function, including — (a) costs relating to office accommodation, motor vehicles and equipment; and (b) costs of licensing, including of equipment and intellectual property; and (c) depreciation; scoping document means a document in which the Authority determines the form, content, timing and procedure of an environmental review, under section 40(3) of the Act; species has the meaning given in the Biodiversity Conservation Act 2016 section 5(1).