PART 8

SUPPLEMENTARY FUNCTIONS

Fees

Fees for performance of infrastructure consent functions and services
124
1
Regulations may make provision for or in connection with the charging of fees by—
a
a specified public authority for performing an infrastructure consent function;
b
a specified public authority for the provision of an infrastructure consent service.
2
“Infrastructure consent function” means a function conferred by, under or by virtue of this Act.
3
“Infrastructure consent service” means any advice, information or other assistance (including a response to a consultation or participating in the examination of an application by making a written submission, attending or giving evidence at a hearing or attending or giving evidence to a local inquiry) provided in connection with—
a
an application or proposed application—
i
for an infrastructure consent, or
ii
to make a change to, or revoke, an infrastructure consent order, or
b
any other specified matter relating to significant infrastructure projects.
4
Regulations under subsection (1) may, among other things, make provision about—
a
when a fee (including a supplementary fee) may, and may not, be charged;
b
the amount that may be charged (including provision specifying the amount or provision conferring a power to specify the amount);
c
what may, and may not, be taken into account in calculating the amount charged;
d
who is liable to pay a fee charged;
e
to whom fees are to be paid;
f
when a fee charged is payable;
g
the recovery of fees charged;
h
waiver, reduction or repayment of fees;
i
the effect of paying or failing to pay fees charged (including provision permitting a public authority specified under subsection (1) to not do something the authority would otherwise be required to do under an enactment until any outstanding fees for doing it are paid);
j
the transfer of fees payable to one person to another person;
k
the supply or publication of information for any purpose of the regulations.
5
Regulations under subsection (1) may confer a function, including a function involving the exercise of a discretion, on any person.
6
Regulations under subsection (1)(a) may provide for the amounts of fees to be calculated by reference to costs incurred—
a
in the performance of any infrastructure consent function, and
b
in doing anything that is calculated to facilitate, or is conducive or incidental to, the performance of any infrastructure consent function.
7
In this section, “specified” means specified in regulations.
S. 124 in force at 4.6.2024 for specified purposes, see s. 147(1)(b)
S. 124(1)(2)(3)(a)(i)(b)(4)-(7) in force at 15.12.2025 in so far as not already in force by S.I. 2025/698, art. 3(i)