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Fast-track Approvals Act 2024

Fast-track approvals process - Miscellaneous provisions - Cost recovery

108: Regulations may set fees, charges, and contributions

You could also call this:

“The government can make rules about paying for fast-track approvals”

The government can make rules about money for the Fast-track Approvals Act 2024. These rules can say how much you need to pay for certain things. They can also say how to figure out the cost if it’s not known yet.

If the cost is just a guess, the rules can explain how to sort out the final payment or refund. The rules can also say how to work out the fees.

Sometimes, you might not have to pay the full amount or any amount at all. The rules can say when this happens. The Environmental Protection Authority (EPA) might be allowed to decide if you don’t have to pay in some cases.

The rules can also say who else can ask for money to cover their costs. These might be called ‘relevant third parties’. The rules can explain how much money these people can ask for and how they should ask for it.

If the EPA is allowed to decide about not paying, they might need to write down their decision. This decision might be considered a type of law, depending on whether it’s for everyone or just one person.

Remember, all of this is about recovering costs for the Fast-track Approvals Act 2024.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1012365.

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"Unpaid costs become a debt that can be collected in court"

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"The government can make rules about special payments for certain things"

Part 2 Fast-track approvals process
Miscellaneous provisions: Cost recovery

108Regulations may set fees, charges, and contributions

  1. Regulations may do any of the following:

  2. set the amounts of fees and charges, estimated fees or charges, or fees or charges based on estimated costs (the fees or charges) for any matters for which costs may be recovered under section 104:
    1. in the case of estimated fees or charges, set out a reconciliation process, which may be based on charging rates set by an agency, to establish any further payment or refund that may be required in respect of an application:
      1. set the method by which the amount of any fee or charge is to be calculated:
        1. provide for exemptions from, or waivers or refunds of, a fee or charge, in whole or in part, in any class of case:
          1. authorise the EPA to grant an exemption, waiver, or refund in any particular case or class of case:
            1. determine 1 or more classes of third party (a relevant third party) that may claim a contribution to their costs:
              1. set—
                1. the method by which the amount of the contribution that may be claimed by a relevant third party is to be calculated; or
                  1. the amount of that contribution:
                  2. set out the process required to be followed, or require a process publicly notified by the EPA to be followed, for a relevant third party to claim a contribution to their costs.

                    1. If regulations made in relation to subsection (1)(e) authorise the EPA to grant an exemption, waiver, or refund,—

                    2. an instrument granting an exemption, waiver, or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only in a particular case; and
                      1. the regulations must contain a statement to that effect.

                        Notes