Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:4:p5
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 4 (pt 5/12)
Character Range: 96574–99089

the original fee;
the person must pay the new fee, or if the person had paid the original fee, the amount by which the new fee is higher than the original fee.
 (2) The amount of the new fee or by which the new fee is higher than the original fee:
 (a) is a debt due by the person to the Commonwealth; and
 (b) may be recovered by action in a court of competent jurisdiction.

Subdivision K—Waiver of fees

5.21  Waiver of all or part of a fee
 (1) For subparagraph 520(4C)(e)(iv) of the Act, the Minister may, at the Minister's discretion, waive all or a part of a fee that would otherwise be payable under this Division in the following circumstances:
 (a) in respect of an action that has been, is being, or is to be, assessed—the Minister considers that the action's primary objective is to protect the environment, or protect and conserve heritage, in a way that is consistent with the objects of the Act;
 (b) the Minister considers that:
 (i) it is in the public interest to do so; or
 (ii) there are other exceptional circumstances justifying the waiver.
 (2) The Minister's power under subregulation (1) may be exercised:
 (a) on the Minister's own initiative; or
 (b) on the application of a person proposing to take an action.

5.21A  Application for waiver of fee
 (1) A person proposing to take an action may apply for all or part of a fee to be waived.
 (2) The application may be made:
 (a) if the Minister has made a determination under subsection 70(3) of the Act in relation to a requested person—within 10 business days of a copy of the determination being given to the requested person; and
 (b) if a referral is made and a person is informed of the referral under section 73 of the Act—within 10 business days of the person being so informed; and
 (c) if section 145B of the Act applies in relation to the action—at the same time as the Minister's consent is sought under that section; and
 (d) if section 156F of the Act applies in relation to the action—at the same time as notification is given to the Minister under subsection 156F(1); and
 (e) in any other case—at any time before, or at the same time as, a referral is made under section 68 of the Act.
 (3) The application must:
 (a) be in writing; and
 (b) set out the following:
 (i) the applicant's name and contact details;
 (ii) if the applicant has an ABN—the applicant's ABN;
 (iii) if the applicant has an ACN—the applicant's ACN;
 (iv) having regard to paragraphs 5.21(1)(a) and (b), the grounds on which the applicant considers