Statute Details
- Title: Environmental Protection and Management (Fees for Controlled Works Applications) Regulations 2025
- Act Code: EPMA1999-S152-2025
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Environmental Protection and Management Act 1999
- Enacting Power: Section 77 of the Environmental Protection and Management Act 1999
- Commencement: 1 April 2025
- Enacting Formula / Approval: Made by the National Environment Agency (NEA) with the approval of the Minister for Sustainability and the Environment
- Date Made: 14 January 2025
- Key Provisions: Section 2 (application fees payable to NEA); Section 3 (no refund as of right, but Director-General may refund in whole or in part)
- Schedule: “Fees” table specifying the fees for particular “controlled works” applications
- Current Version Reference: Current version as at 27 Mar 2026 (per the legislation portal status)
What Is This Legislation About?
The Environmental Protection and Management (Fees for Controlled Works Applications) Regulations 2025 (“Fees Regulations”) is a subsidiary legislative instrument made under the Environmental Protection and Management Act 1999 (“EPMA”). In practical terms, it sets out the fees payable to the National Environment Agency (NEA) when an applicant submits applications relating to “controlled works”.
Although the extract provided does not reproduce the full “controlled works” application framework, the Regulations are clearly designed to support the EPMA’s broader regulatory regime. Under that regime, certain environmental or land-related works may be subject to controls, approvals, or licensing-type processes. The Fees Regulations ensure that the administrative and regulatory costs associated with processing those applications are recovered through prescribed fees.
The Regulations are relatively short and focused. They do not create new substantive environmental requirements for works themselves; instead, they address the “how much” and “when” of payment for applications, and the limited circumstances in which fees may be refunded.
What Are the Key Provisions?
1. Citation and commencement (Regulation 1)
Regulation 1 provides the short title and states that the Fees Regulations come into operation on 1 April 2025. For practitioners, the commencement date is critical for determining which fee schedule applies to an application—particularly where applications are submitted around the transition date or where payment is made after submission.
2. Application fees payable to NEA (Regulation 2)
Regulation 2 is the core charging provision. It states that the fees specified in the second column of the Schedule are payable to NEA for the applications specified opposite in the first column of the Schedule. This drafting approach is typical for fee regulations: the operative rule is that the fee amount is determined by matching the application type (first column) with the fee amount (second column).
From a legal practice perspective, this means that the fee is not discretionary and is not generally subject to negotiation. The correct fee depends on proper classification of the application under the Schedule. Where there is ambiguity about which application category applies, the applicant may need to seek clarification from NEA or ensure that the application description aligns with the Schedule’s wording to avoid underpayment or misclassification.
3. Refund of fees (Regulation 3)
Regulation 3 establishes the refund regime. Under Regulation 3(1), an applicant is not entitled to a refund of any application fee paid. This is a “no refund as of right” rule. In other words, even if an application is unsuccessful, withdrawn, or otherwise not proceeded with, the applicant generally cannot claim a refund merely because the outcome was not favourable.
However, Regulation 3(2) introduces a discretionary exception: despite the no-refund rule, the Director-General may refund, in whole or in part, any fee paid under these Regulations in a particular case. This discretion is important for practitioners because it provides a potential remedy in exceptional circumstances. The text does not specify the criteria for when a refund may be granted, so applicants seeking a refund would typically need to justify why the “particular case” warrants the Director-General’s exercise of discretion—such as procedural irregularities, administrative error, or circumstances beyond the applicant’s control.
4. The Schedule (Fees)
The Schedule is the substantive fee table. While the extract does not show the actual fee amounts or the list of application types, the Schedule is clearly structured with at least two columns: (i) the application types in the first column and (ii) the corresponding fee amounts in the second column. The Schedule is therefore the document that lawyers and compliance teams will consult to determine the correct fee payable for each application category.
How Is This Legislation Structured?
The Fees Regulations are structured in a straightforward manner:
(a) Enacting Formula: Confirms the legal basis (section 77 of the EPMA) and the making authority (NEA with ministerial approval).
(b) Regulation 1 (Citation and commencement): Sets the name and commencement date (1 April 2025).
(c) Regulation 2 (Application fees): Establishes that fees in the Schedule are payable to NEA for specified applications.
(d) Regulation 3 (Refund of fees): Provides the general no-refund rule and the discretionary refund power of the Director-General.
(e) The Schedule: Contains the fee table (“Fees”) that operationalises Regulation 2.
Who Does This Legislation Apply To?
The Regulations apply to applicants who submit controlled works applications that fall within the categories listed in the Schedule. In practice, these applicants are likely to include developers, contractors, consultants, or other parties responsible for undertaking works that are regulated under the EPMA framework.
Because the Regulations are fee-focused, their direct legal effect is on the payment obligations and the refund rights of applicants. The Regulations do not, on their face, regulate the substantive environmental conditions of the works; rather, they govern the administrative cost recovery mechanism for processing the relevant applications.
Why Is This Legislation Important?
Although the Fees Regulations are brief, they are operationally significant. For practitioners advising project teams, the fee schedule affects budgeting, procurement, and compliance timelines. Incorrect fee classification can lead to delays (for example, if NEA requires clarification or additional payment), and the no-refund rule can affect risk allocation in contracts—particularly where contractors or consultants may be responsible for obtaining approvals and where project parties need to understand whether fees are recoverable if an application is withdrawn or fails.
The Regulations also matter for administrative law and dispute management. The general prohibition on refunds as of right (Regulation 3(1)) limits straightforward claims for restitution. However, the Director-General’s discretion to refund in whole or in part (Regulation 3(2)) creates a pathway for case-by-case relief. Lawyers should therefore treat refund requests as discretionary applications requiring a tailored factual and legal justification, rather than as entitlement-based claims.
Finally, the commencement date (1 April 2025) means that practitioners must ensure that the correct fee regime is applied to the relevant application. In regulated environments, timing can be decisive: if an application is submitted before commencement but payment is made after, or if an application is amended or re-submitted, parties may need to confirm which fee schedule applies to avoid compliance errors.
Related Legislation
- Environmental Protection and Management Act 1999 (authorising Act; including section 77 which empowers the making of these Regulations)
- Environmental Protection and Management (Fees for Controlled Works Applications) Regulations 2025 (this instrument)
- Management Act 1999 (listed in the provided metadata; practitioners should confirm the correct legislative reference, as the authorising Act in the extract is the Environmental Protection and Management Act 1999)
Source Documents
This article provides an overview of the Environmental Protection and Management (Fees for Controlled Works Applications) Regulations 2025 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.