Document ID: chunk:federal_register_of_legislation:F2024C01033:front:0:p24
Version: federal_register_of_legislation:F2024C01033
Segment Type: other
Provision Reference: 
Character Range: 62317–65088

a bilateral agreement, including a declaration described in section 47 of the Act;
 (ii) an accredited assessment process mentioned in paragraph 87(1)(a) of the Act;
 (iii) the implementation of a project mentioned in paragraph 160(2)(a) of the Act;
 (iv) the adoption or implementation of a plan mentioned in paragraph 160(2)(b) or (c) of the Act;
 (v) an action prescribed by the regulations for the purposes of paragraph 160(2)(d) of the Act; and
 (b) whether any other process related to the action is being carried out under a law of the Commonwealth or of a State or Territory and, if so, the nature of the process and the extent to which steps to be carried out under that process may be coordinated with processes referred to in paragraph (a).
 (6) When making a determination under this regulation, the Minister must consider the matters referred to in paragraphs 87(3)(a) to (e) of the Act.
 (7) A determination made under this regulation is not a legislative instrument.

5.12G  Determination for the project composition component
 (1) The Minister may determine:
 (a) the number of activities that are to be carried out in taking an action that is being assessed; and
 (b) that each such activity is a project component.
 (2) A determination made under this regulation is not a legislative instrument.

5.12H  Making determinations
 (1) For the purposes of paragraph 520(4C)(c) of the Act, the making of a determination under regulation 5.12C, 5.12D, 5.12E, 5.12F or 5.12G is a method for working out a fee.
 (2) Regulations 5.12C, 5.12D, 5.12E, 5.12F or 5.12G do not limit the matters that the Minister may consider in making a determination under any of those regulations.

Subdivision B—Fees

5.12J  Schedule of fees
 (1) When the Minister gives written notice to the person proposing to take an action of the approach to be used for assessing the impacts of the action under subsection 91(1) of the Act, the Minister must also give the person a fee schedule that sets out the following:
 (a) the base fee;
 (b) the complexity fee;
 (c) a breakdown of the complexity fee, itemising the amounts payable for:
 (i) each application component; and
 (ii) each controlling provision component; and
 (iii) if applicable—the exceptional case component; and
 (iv) the legislative impact component; and
 (v) the project composition component;
 (d) the level of complexity determined for the application components, the controlling provision components and the legislative impact component;
 (e) the fees payable for each stage of the assessment.
 (2) The fee schedule may set out the estimated amount payable for each application component of the complexity fee, but for all other fees, the fee schedule must set out the actual amount payable.
 (3) Before stage 3 of