Environment Act 1995

Changes over time for: Section 42

Version Superseded: 18/07/2013

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42 Approval of charging schemes.E+W+S

(1)Before submitting a proposed charging scheme to the Secretary of State [F1or the Welsh Ministers for approval, a charging authority] shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by the scheme, publish a notice—

(a)setting out its proposals; and

(b)specifying the period within which representations or objections with respect to the proposals may be made to the Secretary of State [F2or, as the case may be, the Welsh Ministers].

(2)Where any proposed charging scheme has been submitted to the Secretary of State [F3or the Welsh Ministers for] approval, he [F4or they] shall, in determining whether or not to approve the scheme or to approve it subject to modifications,—

(a)consider any representations or objections duly made to him [F5or them] and not withdrawn; and

[F6(b)have regard to—

(i)in the case of a charging scheme made under section 41, the matter specified in subsection (3);

(ii)in the case of a charging scheme made under section 41A, the matter specified in subsection (3A).]

(3)The matter mentioned in subsection [F7(2)(b)(i)] above is the desirability of ensuring that, in the case of each of the descriptions of environmental licence specified in the paragraphs of the definition of that expression in section 56 below, the amounts recovered by the [F8charging authority] in question by way of charges prescribed by charging schemes are the amounts which, taking one year with another, need to be recovered by that [F8charging authority] to meet such of the costs and expenses (whether of a revenue or capital nature)—

(a)which it incurs in carrying out its functions,

(b)[F9in the case of environmental licences which are authorisations under section 13(1) of the M1Radioactive Substances Act 1993—

(i)which the [F10Food Standards Agency] incurs in carrying out [F10its] functions under or in consequence of that Act, and

F11(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F9which the Food Standards Agency incurs in carrying out its functions in relation to environmental permits under the Environmental Permitting (England and Wales) Regulations 2010 concerning the disposal of radioactive waste within the meaning of those Regulations. ]

as the Secretary of State [F12or, as the case may be, the Welsh Ministers] may consider it appropriate to attribute to the carrying out of those functions in relation to activities to which environmental licences of the description in question relate.

[F13(3A)The matter mentioned in subsection (2)(b)(ii) above is the desirability of ensuring that the amounts recovered by the new Agency in question by way of charges prescribed by charging schemes are the amounts which, taking one year with another, need to be recovered by that new Agency to meet such of the costs and expenses (whether of a revenue or capital nature) which it incurs in carrying out its functions in relation to the matters described in section 41A(1) as the Secretary of State may consider it appropriate to attribute to the carrying out of those functions.]

(4)Without prejudice to the generality of the expression “costs and expenses”, in determining for the purposes of subsection (3) [F14or (3A)] above the amounts of the costs and expenses which the Secretary of State considers [F15or which the Welsh Ministers consider] it appropriate to attribute to the carrying out of a [F16charging authority's] or the [F17Food Standard Agency’s] functions F18..., the Secretary of State [F19or the Welsh Ministers]—

(a)shall take into account any determination of the [F20charging authority's] financial duties under section 44 below [F21or (in the case of the Natural Resources Body for Wales) under article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903)]; and

(b)may include amounts in respect of the depreciation of, and the provision of a return on, such assets as are held by the [F22charging authority], [F23or the Food Standards Agency], for purposes connected with the carrying out of the functions in question.

(5)If and to the extent that a charging scheme relates to any licence under Chapter II of Part II of the 1991 Act (abstraction and impounding), the Secretary of State [F24or the Welsh Ministers (as the case may be)] may consider it appropriate to attribute to the carrying out of [F25an appropriate agency's] functions in relation to activities to which such a licence relates any costs and expenses incurred by the [F26appropriate agency] in carrying out any of its functions under Part II of that Act or under section 6(2) [F27or (2A)] above.

(6)Subsection (5) above is without prejudice to what costs and expenses the Secretary of State [F28or the Welsh Ministers] may consider it appropriate to attribute to the carrying out of any functions of a [F29charging authority], the Minister or the Secretary of State in relation to activities to which environmental licences of any particular description relate.

(7)The consent of the Treasury shall be required for the giving of approval to a charging scheme [F30submitted by the Agency]. . ..

(8)It shall be the duty of a [F31charging authority] to take such steps as it considers appropriate for bringing the provisions of any charging scheme made by it which is for the time being in force to the attention of persons likely to be affected by them.

(9)If and to the extent that any sums recovered by a [F32charging authority] by way of charges prescribed by charging schemes may fairly be regarded as so recovered for the purpose of recovering the amount required to meet (whether in whole or in part)—[F33such of the costs and expenses incurred by the Food Standards Agency as fall within subsection (3) above] those sums shall be paid by that [F32charging authority] [F34to the Food Standards Agency].

(10)For the purposes of subsection (9) above, any question as to the extent to which any sums may fairly be regarded as recovered for the purpose of recovering the amount required to meet the costs and expenses falling within [F35that subsection shall be determined by the Secretary of State].

[F36(11)In this section “charging scheme” means a scheme made under section 41 or 41A [F37and “charging authority” means the body that makes or proposes to make a charging scheme].]

Textual Amendments

F1Words in s. 42(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(2)(a) (with Sch. 7)

F2Words in s. 42(1)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(2)(b) (with Sch. 7)

F3Words in s. 42(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(3)(a)(i) (with Sch. 7)

F4Words in s. 42(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(3)(a)(ii) (with Sch. 7)

F5Words in s. 42(2)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(3)(b) (with Sch. 7)

F6S. 42(2)(b) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(2)

F7Word in s. 42(3) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(3)

F8Words in s. 42(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(4)(a) (with Sch. 7)

F9S. 42(3)(b) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(3) (with reg. 1(2), Sch. 4)

F10Words in s. 42(3)(b)(i) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(2)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F11S. 42(3)(b)(ii) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 44(1)(2)(b), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2