Licence fees and returns
24 Licence fees and returns
A person is not entitled to the issue of a licence unless the person first pays to the Commission the relevant annual licence fee, or the first instalment of the relevant annual licence fee, as the case may require.
The holder of a licence issued for a term of 2 years or more must—
in each year lodge with the Commission, before the date prescribed for that purpose, an annual return containing the information required by the
Commission by condition of the licence or by written notice; and
in each year (other than a year in which the licence is due to expire) pay to the Commission, before the date prescribed for that purpose, the relevant annual licence fee, or the first instalment of the relevant annual licence fee, as the case may require.
The annual licence fee for a licence is the fee fixed, from time to time, by the Treasurer in respect of that licence as an amount that the
Treasurer considers to be a reasonable contribution towards prescribed costs after taking into account advice contained in a written report furnished to the
Treasurer by the Commission for the purposes of this subsection.
The Treasurer must, within 14 days after the receipt of a report under subsection (3), cause a copy of the report to be published on the Department of Treasury and Finance's website.
The annual licence fee may, if the Commission so determines, be paid in equal instalments at intervals fixed by the
Commission.
If the holder of a licence fails to lodge the annual return or pay the annual licence fee (or an instalment of the annual licence fee) in accordance with this section, the Commission may, by written notice, require the holder to make good the default and, in addition, to pay to the Commission the amount prescribed as a penalty for default.
An annual licence fee (including any instalment of an annual licence fee or any penalty for default) payable under this section is recoverable as a debt due to the Crown.
In this section—
holder of a licence includes the holder of a licence that has been suspended;
prescribed costs means—
the costs of administration of this Act; and
any costs of administration of the Essential Services Commission Act 2002 relating to the water industry; and
any costs associated with the development by the State Government of policies relating to the water industry; and
other costs prescribed by regulation.
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