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4.—(1) The 2005 Regulations are amended as follows.
(2) In paragraphs (1) and (2) of regulation 5 (approval of and authorisation of participation in project activities), for “A person wishing to be” substitute “Subject to regulation 8A, a person wishing to be”.
(3) In regulation 5 after paragraph (7) insert—
“(8) Subject to paragraph (9), an application under paragraph (1) or (2) must be accompanied by the fee set out in paragraph (10) of this regulation where that application is submitted on or before 6th April 2012.
(9) No fee is required where the application relates to a proposed project activity in one of the countries listed in the Schedule to these Regulations (List of Least Developed Countries).
(10) The fee which must be paid under paragraph (8) is—
(a)£700 for an application in respect of a proposed Article 6 project activity;
(b)£700 for an application in respect of a proposed Article 12 project activity for the production of hydro-electric power with a generating capacity of more than 20 megawatts;
(c)£250 for an application in respect of any other proposed Article 12 project activity. ”.
(4) After regulation 8 (agreement with devolved administrations on project approval) insert—
8A.—(1) On or after 1st June 2011 applications under regulation 5 must be submitted to the Environment Agency.
(2) Subject to paragraphs (3) and (4), the functions of the Secretary of State under regulations 5, 6, 7 and 8 of these Regulations in respect of any such application submitted on or after 1st June 2011 must be exercised by the Environment Agency and in such a case the references to the Secretary of State in regulations 5, 6, 7 and 8 of these Regulations should be read as references to the Environment Agency.
(3) The Environment Agency must consult the Secretary of State as soon as reasonably practicable before determining—
(a)an application under regulation 5 in relation to a proposed Article 6 project activity which is not of a type—
(i)which has been approved by the Secretary of State or the Environment Agency on or before the date on which the application is submitted; or
(ii)in respect of which participation has been authorised by the Secretary of State or the Environment Agency on or before the date on which the application is submitted;
(b)an application under regulation 5 in relation to any proposed project activity which the Environment Agency reasonably considers to be novel, contentious or controversial;
(c)an application under regulation 5 in relation to any proposed project activity for the production of hydro-electric power with a generating capacity of more than 20 megawatts.
(4) The Secretary of State may require the Environment Agency to refer an application under regulation 5 to the Secretary of State for the Secretary of State to decide in accordance with this Part.”.
(5) Insert as a Schedule to the 2005 Regulations the Schedule contained in the Schedule to these Regulations.
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