Cost recovery

The EPA (or responsible agency, administering agency or relevant local authority) can recover costs incurred before an application is lodged, whether or not the application is lodged.  For example, costs relating to assistance provided to a person who intends to lodge an application. 

If an application is lodged, the EPA may recover costs incurred by the EPA or any other agency in relation to the application. The Minister can recover costs in relation to the panel and panel convenor and can delegate this responsibility to the EPA.  Costs must relate to the performance of functions, duties and powers under the Act – for example, commissioning advice and undertaking consultation. 

If the application is lodged, or intended to be lodged, the applicant is liable for costs. 

Fees, charges, contributions and levies can also be set by regulations. ^{27394677-a826-4de2-93ec-796d1a705b60} Regulations can provide details on how these costs will be estimated, and provide for exemptions, waivers or refunds for specific costs. 

Regulations can also provide for relevant third parties (including parties invited to submit or appear at hearings) to recover costs.  The EPA must pay a contribution to the costs of a third party in accordance with regulations, but can recover that contribution from the applicant.  

 In relation to land exchanges (i.e., the type of approval described in s 42(4)(f)), if an applicant negotiates with the holder of an interest in the land, then that interest holder can recover costs incurred in negotiation.

 Further administrative requirements in relation to powers of delegation, methods of cost recovery, and others are provided. ^{59fa6670-a616-4ae1-9e3f-d8ae99b5963c}

 Powers to recover costs set out in a specified Act are not affected.  

Last updated at 7:40PM on February 7, 2025