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The Industrial Pollution Control (Northern Ireland) Order 1997

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This is the original version (as it was originally made).

Fees and charges for authorisations

8.—(1) There shall be charged by and paid to the enforcing authority such fees and charges as may be prescribed by a scheme under paragraph (2) (whether by being specified in or made calculable under the scheme).

(2) The Department may make, and from time to time revise, a scheme prescribing—

(a)fees payable in respect of applications for authorisations;

(b)fees payable by persons holding authorisations in respect of, or of applications for, the variation of authorisations; and

(c)charges payable by such persons in respect of the subsistence of their authorisations.

(3) The Department shall, on making or revising a scheme under paragraph (2), lay a copy of the scheme or of the alterations made in the scheme or, if the Department considers it more appropriate, the scheme as revised, before the Assembly.

(4) The Department may make separate schemes for fees and charges payable to the chief inspector and fees and charges payable to district councils under this Order.

(5) A scheme under paragraph (2) may, in particular—

(a)allow for reduced fees or charges to be payable in respect of authorisations for a number of prescribed processes carried on by the same person;

(b)provide for the times at which and the manner in which the payments required by the scheme are to be made; and

(c)make such incidental, supplementary and transitional provision as appears to the Department to be appropriate.

(6) The Department, in framing a scheme under paragraph (2), shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one financial year with another, to cover the expenditure incurred by—

(a)the enforcing authorities in exercising their functions under this Order in relation to authorisations; and

(b)the Department, in exercising its functions in relation to authorisations for processes which may involve the release of any substance into water.

(7) If it appears to the enforcing authority that the holder of an authorisation has failed to pay a charge due in consideration of the subsistence of the authorisation, it may, by notice in writing served on the holder, revoke the authorisation.

(8) Any fees and charges received by the chief inspector under this Article shall be paid into the Consolidated Fund.

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