Environmental Better Regulation Act (Northern Ireland) 2016

Prospective

Charging schemes N.I.

10—(1) Authorising, or authorising the Department to make, vary or revoke schemes for, the charging by the Department or public bodies of fees or other charges in respect of— N.I.

(a) the testing, sampling or analysis of substances in cases mentioned in sub-paragraph (2);

(b) the validating of, or of the results of, any testing, sampling or analysis of substances in such cases; or

(c) assessing how the environment might be affected by the release into it of any substances in such cases.

(2) The cases are those where the testing, sampling, analysis, validating or assessing is carried out—

(a) in anticipation of, or otherwise in connection with, the making of applications for permits or registration;

(b) under any conditions subject to which a permit or registration was granted; or

(c) in connection with the assessing of compliance with any such conditions.

(3) Authorising, or authorising the Department to make, vary or revoke schemes for, the charging by the Department or public bodies of fees or other charges—

(a) in respect of, or in respect of applications for—

(i) the grant of a permit;

(ii) the variation of a permit or of the conditions to which it is subject;

(iii) the transfer, surrender or revocation of a permit;

(iv) registration; or

(v) the variation, transfer, surrender or revocation of registration;

(b) in respect of the subsistence of a permit or registration;

(c) in respect of consolidation of permits and registrations; or

(d) in respect of other specified matters.

(4) Regulating the procedure for making, varying or revoking schemes referred to in sub-paragraph (1) or (3).

(5) Requiring any scheme referred to in sub-paragraph (1) or (3) to be so framed that the fees and charges payable under it—

(a) are determined in the light of any general principles specified under the regulations;

(b) are sufficient, taking one year with another, to cover such expenditure (incurred by the regulator to whom the fees and charges are so payable) as is specified.

(6) Authorising any scheme referred to in sub-paragraph (1) or (3) to make different provision for different cases (and to specify particular kinds of such cases).