Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:13:p11
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 13 (pt 11/11)
Character Range: 421526–423904

before the commencement time only on the basis that the fee would have been lower had it been paid after the commencement time.

Fee waiver
 (5) The Minister may, at the Minister's discretion, waive a fee that would otherwise be paid after the commencement time in relation to an assessment of an action.
 (6) In deciding whether to waive a fee under subregulation (5), the Minister must have regard to whether the total amount of the fees payable after the commencement time in relation to the assessment of the action is higher than it would have been if the amendments had not been made.
 (7) The Minister's power under subregulation (5) may only be exercised on the Minister's own initiative.

Determinations
 (8) A determination in force under regulation 5.12C, 5.12D, 5.12E, 5.12F or 5.12G immediately before the commencement time continues in force after the commencement time, as if it had been made under that regulation as amended by Schedule 1 to the Environment Protection and Biodiversity Conservation Amendment (Cost Recovery) Regulation 2016.

Delegations
 (9) If a delegation by the Minister of a power or function under a provision of Division 5.6 of these Regulations was in force immediately before the commencement time, the delegation continues in force after the commencement time as if it were a delegation of the power or function under the provision of Division 5.6 as amended by Schedule 1 to the Environment Protection and Biodiversity Conservation Amendment (Cost Recovery) Regulation 2016.

Definitions
 (10) In this section:
commencement time means the start of the day that Schedule 1 to the Environment Protection and Biodiversity Conservation Amendment (Cost Recovery) Regulation 2016 commences.
Note: Schedule 1 to the Environment Protection and Biodiversity Conservation Amendment (Cost Recovery) Regulation 2016 commences on 1 October 2016.
fee includes part of a fee.

20.12  Amendments made by the Environment Protection and Biodiversity Conservation Amendment (2022 Measures No. 1) Regulations 2022
  Subregulation 15.01A(3), as amended by Schedule 1 to the Environment Protection and Biodiversity Conservation Amendment (2022 Measures No. 1) Regulations 2022, applies in relation to scientific advice provided by the Committee to the Minister, or a Minister of a declared State or Territory, on or after the commencement of that Schedule.