These regulations are made under the
Environmental Management and Pollution Control Act 1994 (EMPCA). They prescribe the fees charged under EMPCA. The objectives of the regulations are to recover the costs of environmental regulation of activities that have the potential to cause serious or material environmental harm in an efficient and equitable manner and to provide an economic incentive to reduce pollution consistent with the polluter pays principle.
Fees prescribed are:
- annual permit fees for environmentally relevant activities
- fees for environmental assessments conducted by the
- fees for environmental improvement programmes
- fees for environment protection notices
- miscellaneous fees
The annual fee structure consists of two parts: a fixed component and a variable fee component. This fee structure aims to improve cost recovery and to encourage permit holders to take greater responsibility for environmental management.
A partial remission of annual fees is available to eligible permit holders that have a sound compliance record and meet certain other requirements, in accordance with regulations 9 and 10 of the General Fees Regulations. Requirements for fee remissions are described in the Annual Fee Remission Guidelines.
The Regulations were remade in 2017 with only minor changes made to the 2007 Regulations. The most significant change was the inclusion o penalties associated offences under EMPCA, the Land Use Planning Approvals Act 1993 (LUPAA) and the Plastic Shopping Bags Ban Act 2013 (See Schedules 2 and 3).
regulations are available online at the Tasmanian Legislation website.
Provisions of the General Regulations include the following requirements.
The requirement to pay annual fees for the operation of environmentally relevant activities as defined under EMPCA. This includes:
- Level 1 activites that have been called-in for assessment by the Director of the EPA
- Level 2 activites which require a planning permit
- Level 3 activites which are considered projects of State significance
- Any other activity that the Director has asessed as posing a significant risk of causing serious or material environmental harm and that has been granted permission to operate providing that environmental conditions are applied
The requirement to pay fees for the environment impact assessment of environmental relevant activities listed above.
The requirement to pay fees for other instruments set out in EMPCA that seek to prevent, reduce or remediate environmental harm. This includes:
- Environmental Protection Notices
- Environmental Improvement Programmes
- Contaminated Site Notices
- Miscellaneous Fees
Annual Fee Remission Guidelines describe the requirements of the Board in relation to annual fee remissions. The Guidelines also describe the various sub-categories of remission, the application process, requirements for continuing eligibility after a remission has been granted, and circumstances under which a remission may be revoked.