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Frequently asked questions
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Fees and Payments
This article answers your frequently asked questions on the fees and charges for proposals referred to the Environmental Protection Authority under Part IV Divisions 1 and 2 of the Environmental Protection Act 1986 (the Act). You can also read Cost recovery: Part IV Environmental Protection Act for further information.
Are there any fees or charges associated with my referred proposal?
The Environmental Protection (Cost Recovery) Regulations 2021 has introduced fees and charges to recover costs for proposals referred to the Environmental Protection Authority (EPA) under Part IV Divisions 1 and 2 of the Environmental Protection Act 1986 (the Act). These fees are paid throughout the different stages of the assessment process.
What will I be charged?
The initial fee for the referral of a proposal by the proponent to the EPA is $32,000. If the EPA determines that the proposal warrants formal assessment under Part IV of the Act an assessment fee is required to be paid.
The assessment fee and total cost of the proposal will vary depending on the level and complexity of assessment and the number of times changes or requests for further information are made. The average cost of a proposals formally assessed by the EPA is approximately $448,000.
Is there a way I can calculate my fee before I submit my referral?
A full list of Fees for cost recovery is available to assist you with estimating your fees payable.
We are developing the EPA fee calculator to help you estimate how much your referral will cost if it is required to be formally assessed by the EPA. This calculator will take into account your proposal’s complexity, referral type and level of assessment.
When do I need to pay my fee?
Fees will be staggered throughout the assessment process. You will only be expected to pay the fees for each stage of the EIA process as they are triggered. Fixed fees may be triggered if you request specific activities such as requesting changes to the proposal.
Once a fee trigger has been met, an invoice will be sent requesting the payment of fees by a due date (generally 28 days).
See the full list of fees and an explanation and examples of how the fees will be charged in our implementation policy.
How do I pay my fees?
When you are required to make a payment, we will send you an invoice for the amount owing along with instructions on how to pay.
Payment options include:
- electronic funds transfer
- credit card (up to $35,000 in any one transaction)
- cheque or money order
Can I request an extension if I am not able to pay the fee within the timeframe specified?
If you think you will not be able to pay your fee within the timeframe specified, you will need to submit a written request to our CEO for a time extension using the request for fee payment time extension, waiver, reduction or refund form. See the Form and Implementation Policy for more information.
Can I request a fee delay, waiver or reduction?
Yes. The CEO will consider requests to delay payment, waive or reduce fees on a case-by-case basis. See our implementation policy for more information.
What if I don’t pay my fee within the period specified? Will I be charged an extra fee for late payments?
If you do not pay a fee within the period specified, interest will be charged on the outstanding amount at a rate of 3 per cent higher than the cash rate target, as determined and published by the Reserve Bank of Australia cash rate target, in effect on the first day that the amount became outstanding. Interest is not charged on any interest that accrues on an outstanding fee. See our implementation policy for more information.
What if I withdraw my application? Am I eligible for a fee refund?
You may be eligible for a refund if you withdraw your application before we complete validation and formally accept your referral. You will generally not be granted a refund once your referral has been validated and accepted. See our implementation policy for more information.
Who do I contact if I have any more questions about fees and payments?
You can email us at costrecovery@dwer.wa.gov.au if you have any queries or concerns about how the fees outlined in the regulations and the implementation policy are calculated.
Submitting an Appeal
Submitting an appeal
Appeals can be lodged against decisions of the EPA to not assess a referred proposal, or against the content or recommendations in EPA reports on proposals and planning schemes.
Who can appeal?
Any person can appeal against an EPA report or decision not to assess a proposal.
Only the proponent can appeal the implementation conditions issued under section 45(8) of the Environmental Protection Act 1986 (the EP Act), the content of an order issued under section 48(7)(b) of the EP Act, or the steps required under section 48(7) (c) or (d) of the EP Act.
How to appeal?
Appeals against decisions or recommendations of the EPA should be lodged with the Minister for Environment through the Office of the Appeals Convenor.
Appeals on EPA reports and decisions not to assess must be received within 21 days of being published.
Proponent appeals under section 45(8) or section 48(7)(b), (c), or (d) of the EP Act must be received within 14 days of the date of issue of the conditions or order, or the date the last of the required steps is taken.
For further information about the appeals process and procedures, please visit the Appeals Convenor’s website.
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