2016 No. 1042
The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) (No. 2) Regulations 2016
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 82OA(1), 82OA(2) and 104(2) of the Energy Act 20081, sections 110A(1), 110A(2) and 316(1) of the Marine and Coastal Access Act 20092 and section 56(1) and (2) of the Finance Act 19733, and with the consent of the Treasury4:
Citation and commencement1
These Regulations may be cited as the Pollution Prevention and Control (Fees) (Miscellaneous Amendments) (No. 2) Regulations 2016 and come into force on 1st December 2016.
Amendment of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 20152
The Pollution Prevention and Control (Fees) (Miscellaneous Amendments and other Provisions) Regulations 20155 are amended as follows.
1
After regulation 5, insert—
Fees relating to consents to locate5A
1
The Secretary of State may charge fees, calculated in accordance with regulation 7, in connection with—
a
giving, refusing, varying, renewing, transferring, surrendering or revoking a consent to locate;
b
monitoring compliance with—
i
the requirements of Part 4A of the EA; and
ii
a consent to locate;
c
serving an emergency safety notice under section 82F of the EA;
d
revoking the requirements of an emergency safety notice under section 82G(8) of the EA; and
e
providing advice with respect to—
i
an application or potential application for a consent to locate;
ii
the variation, renewal, transfer, surrender or revocation of a consent to locate;
iii
the service of an emergency safety notice under section 82F of the EA; and
iv
the revocation of the requirements of an emergency safety notice under section 82G(8) of the EA.
2
In this regulation—
a
“the EA” means the Energy Act 2008; and
b
“a consent to locate” means a consent under section 82A of the EA.
2
For regulation 6, substitute—
Fees relating to certain marine licences6
1
This regulation applies where the Secretary of State’s functions referred to in paragraph (2) relate to oil and gas activities6 for which a marine licence is needed under Part 4 of the MCAA.
2
The Secretary of State may charge fees, calculated in accordance with regulation 7, in connection with—
a
granting, refusing, varying, transferring, surrendering, suspending or revoking a marine licence;
b
monitoring compliance with—
i
the requirements of Part 4 of the MCAA; and
ii
a marine licence;
c
issuing or renewing a stop notice under section 102 of the MCAA, and varying or revoking a stop notice under section 103 of the MCAA;
d
issuing an emergency safety notice under section 104 of the MCAA, and varying or revoking an emergency safety notice under section 105 of the MCAA; and
e
providing advice with respect to—
i
an application or potential application for a marine licence;
ii
the variation, transfer, surrender, suspension or revocation of a marine licence;
iii
the issue or renewal of a stop notice under section 102 of the MCAA, and the variation or revocation of a stop notice under section 103 of the MCAA; and
iv
the issue of an emergency safety notice under section 104 of the MCAA, and the variation or revocation of an emergency safety notice under section 105 of the MCAA.
3
In this regulation “the MCAA” means the Marine and Coastal Access Act 2009.
Amendment of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 20013
In regulation 20A(1)(b) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 20017, after “for a”, insert “Petroleum Act licence,”.
Amendment of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 20104
In article 3(5) of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 20108, for “5 and 7” substitute “5, 7 and 20A”.
We consent
(This note is not part of the Regulations)