The Environmental Authorisations (Scotland) Regulations 2018

Costs recovery notices

51.—(1) SEPA may serve a notice on a person specified in paragraph (2) requiring that person to pay the costs necessarily incurred by SEPA in relation to, and up to the time of, service of the notice (a “costs recovery notice”).

(2) The persons specified are—

(a) a person on whom a regulatory notice has been served;

(b) a person on whom a revocation notice has been served;

(c) where SEPA takes steps, or arranges for steps to be taken, to remove or reduce a risk of significant environmental harm under regulation 62(1), the authorised person;

(d) where SEPA takes steps, or arranges for steps to be taken, under regulation 62(2) or (3), the person on whom the regulatory notice, surrender notice or revocation notice was served or would have been served.

(3) In this regulation, “costs” include—

(a) investigation costs (including the costs of monitoring the environment to determine the harm to which the notice relates);

(b) costs incurred by SEPA in taking steps, or arranging for steps to be taken, under regulation 62 (including any compensation paid to the grantors of any rights as were necessary for SEPA to take the steps, or arrange for the steps to be taken);

(c) administration costs; and

(d) costs of obtaining expert advice (including legal advice).

(4) The costs recovery notice must specify—

(a) the amount required to be paid;

(b) how payment may be made;

(c) the period within which payment must be made;

(d) that SEPA may be required to provide a detailed breakdown of the amount (unless such a breakdown is provided by SEPA with the notice itself);

(e) the rights of appeal; and

(f) the consequences of non-payment as set out in regulation 53.

(5) The person on whom the notice is served may require SEPA to provide a detailed breakdown of the amount required to be paid (unless such a breakdown has already been provided).

(6) SEPA must take such steps as are reasonable to ensure that the detailed breakdown is sent to the person requesting it within a period of 21 days beginning with the date of the request.