http://www.legislation.gov.uk/ukpga/1995/25/section/42Environment Act 1995An Act to provide for the establishment of a body corporate to be known as the Environment Agency and a body corporate to be known as the Scottish Environment Protection Agency; to provide for the transfer of functions, property, rights and liabilities to those bodies and for the conferring of other functions on them; to make provision with respect to contaminated land and abandoned mines; to make further provision in relation to National Parks; to make further provision for the control of pollution, the conservation of natural resources and the conservation or enhancement of the environment; to make provision for imposing obligations on certain persons in respect of certain products or materials; to make provision in relation to fisheries; to make provision for certain enactments to bind the Crown; to make provision with respect to the application of certain enactments in relation to the Isles of Scilly; and for connected purposes.1995-07-19texttext/xmlenStatute Law Database2026-08-04Expert Participation2026-07-16 Environment Act 1995Sch. 7 para. 7(4A) (4B)Local Government and Public Involvement in Health Act 2007Sch. 14 para. 4(3)s. 245(5) Part IChapter III421Before submitting a proposed charging scheme to the Secretary of State or 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—asetting out its proposals; andbspecifying the period within which representations or objections with respect to the proposals may be made to the Secretary of State or, as the case may be, the Welsh Ministers.2Where any proposed charging scheme has been submitted to the Secretary of State or the Welsh Ministers for approval, he or they shall, in determining whether or not to approve the scheme or to approve it subject to modifications,—aconsider any representations or objections duly made to him or them and not withdrawn; andbhave regard to—iin the case of a charging scheme made under section 41, the matter specified in subsection (3);iiin the case of a charging scheme made under section 41A, the matter specified in subsection (3A).3The matter mentioned in subsection (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 charging 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 charging authority to meet such of the costs and expenses (whether of a revenue or capital nature)—awhich it incurs in carrying out its functions,bin the case of environmental licences which are authorisations for radioactive substances activities under the Environmental Authorisations (Scotland) Regulations 2018—iwhich the Food Standards Agency incurs in carrying out its functions under or in consequence of those Regulations, andii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .which the Food Standards Agency incurs in carrying out its functions in relation to environmental permits under the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) concerning the disposal of radioactive waste within the meaning of those Regulations. cin the case of licences granted by the Agency under Chapter II of Part II of the 1991 Act (abstraction and impounding), which the Natural Resources Body for Wales incurs in carrying out its functions under Part II of that Act or section 6(2A) above in the catchment areas of the rivers Dee, Wye and Severn for purposes connected with abstractions from, or impounding of, waters in England,din the case of licences granted by the Natural Resources Body for Wales under Chapter II of Part II of the 1991 Act (abstraction and impounding), which the Agency incurs in carrying out its functions under Part II of that Act or section 6(2) above in the catchment areas of the rivers Dee, Wye and Severn for purposes connected with abstractions from, or impounding of, waters in Wales,as the Secretary of State or, 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.3AThe matter mentioned in subsection (2)(b)(ii) above is the desirability of ensuring that the amounts recovered by the charging 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 charging authority 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 or, as the case may be, the Welsh Ministers may consider it appropriate to attribute to the carrying out of those functions.4Without prejudice to the generality of the expression “costs and expenses”, in determining for the purposes of subsection (3) or (3A) above the amounts of the costs and expenses which the Secretary of State considers or which the Welsh Ministers consider it appropriate to attribute to the carrying out of a charging authority's or the Food Standard Agency’s functions ..., the Secretary of State or the Welsh Ministers—ashall take into account any determination of the charging authority's financial duties under section 44 below or (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); andbmay include amounts in respect of the depreciation of, and the provision of a return on, such assets as are held by the charging authority, or the Food Standards Agency, for purposes connected with the carrying out of the functions in question.5If 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 or the Welsh Ministers (as the case may be) may consider it appropriate to attribute to the carrying out of an appropriate agency's functions in relation to activities to which such a licence relates any costs and expenses incurred by the appropriate agency in carrying out any of its functions under Part II of that Act or under section 6(2) or (2A) above.6Subsection (5) above is without prejudice to what costs and expenses the Secretary of State or the Welsh Ministers may consider it appropriate to attribute to the carrying out of any functions of a charging authority, the Minister or the Secretary of State in relation to activities to which environmental licences of any particular description relate.7The consent of the Treasury shall be required for the giving of approval to a charging scheme submitted by the Agency or by both of the appropriate agencies acting jointly . . ..8It shall be the duty of a charging 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.9If and to the extent that any sums recovered by a charging 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)—such of the costs and expenses incurred by the Food Standards Agency as fall within subsection (3) above those sums shall be paid by that charging authority to the Food Standards Agency.9AThe Agency must pay to the Natural Resources Body for Wales any sums which the Agency recovers under a charging scheme made under section 41 (other than a joint charging scheme made in accordance with section 41B) that may fairly be regarded as recovered for the purpose of meeting (in whole or in part) any costs and expenses incurred, or deemed to have been incurred, by the Body in carrying out its functions under Part II of the 1991 Act or section 6(2A) above.9BThe Natural Resources Body for Wales must pay to the Agency any sums which the Body recovers under a charging scheme made under section 41 (other than a joint charging scheme made in accordance with section 41B) that may fairly be regarded as recovered for the purpose of meeting (in whole or in part) any costs and expenses incurred by the Agency in carrying out its functions under Part II of the 1991 Act or section 6(2) above, other than costs and expenses that are deemed to have been incurred by the Body.9CAny sums recovered by an appropriate agency by way of charges prescribed by a joint charging scheme made in accordance with section 41B must be apportioned between, and paid to, each appropriate agency in the manner specified by the scheme pursuant to section 41B(2)(b).9DFor the purposes of subsections (9A) and (9B), costs or expenses are deemed to have been incurred by the Natural Resources Body for Wales if the liability for those costs or expenses was transferred from the Agency to the Body on 1st April 2013—aby a transfer scheme made by the Welsh Ministers under section 23 of the Public Bodies Act 2011; orbby virtue of article 10 of, and paragraph 2 of Schedule 7 to, the Natural Resources Body for Wales (Functions) Order 2013.10For 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 that subsection shall be determined by the Secretary of State.10AAny dispute as to the apportionment or payment of sums under subsection (9A), (9B) or (9C) shall be determined by the Secretary of State and the Welsh Ministers acting jointly.11In this section “charging scheme” means a scheme made under section 41 or 41A and “charging authority” means the body that makes or proposes to make a charging scheme.12In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.S. 42 applied (with modifications) (2.12.1998) by S.I. 1998/2746, reg. 16(1)S. 42: certain functions made exercisable only after consultation with the Assembly (W.) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2S. 42 modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1Words 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. 2S. 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. 2Words in s. 42(4) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(3)(s) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2Words in s. 42(4)(b) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(3)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2Words in s. 42(7) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(3); S.I. 1998/3178, art. 3Words in s. 42(9) substituted for paras. (a) and (b) (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(5)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2Words in s. 42(9) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(5)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2Words in s. 42(10) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(6) (with s. 38, 40(2)); S.I. 2000/1066, art. 2S. 42 modified (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 21 (with art. 24)Words in s. 42(4) 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(5)(a)(i) (with Sch. 7)Words in s. 42(4) inserted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(5)(a)S. 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)Words 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)Words in s. 42(4)(b) 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(5)(c) (with Sch. 7)Words 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)Words 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)Words in s. 42(5) 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(6)(b) (with Sch. 7)Words in s. 42(3) 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(4)(b) (with Sch. 7)Words in s. 42(5) 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(6)(d) (with Sch. 7)Words in s. 42(7) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(3) (with art. 24)S. 42: transfer of functions (10.7.2008) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 2, Sch.Words in s. 42(6) 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(7)(a) (with Sch. 7)Words in s. 42(4)(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(5)(b)(ii) (with Sch. 7)S. 42 applied (with modifications) by SI 2002/1559, Sch. 4 para. 5(15) (as inserted (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(15))Words in s. 42(4)(a) 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(5)(b)(i) (with Sch. 7)Words 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)Words 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)Words in s. 42(4) 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(5)(a)(iii) (with Sch. 7)S. 42(11) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(6)Words in s. 42(5) 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(6)(c) (with Sch. 7)Words in s. 42(11) 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(9) (with Sch. 7)Words in s. 42(3A) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 18(3) (with art. 24)Words in s. 42(5) 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(6)(a) (with Sch. 7)Words in s. 42(4) 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(5)(a)(ii) (with Sch. 7)Word 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)Words 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)S. 42(3A) inserted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(4)Words in Pt. I Ch. III heading inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 370 (with Sch. 7)Words in s. 42(3A) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 18(2) (with art. 24)Words in s. 42(6) 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(7)(b) (with Sch. 7)S. 42(10A) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(5) (with art. 24)Words in s. 42(9) 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(8) (with Sch. 7)S. 42(3)(c)(d) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(2) (with art. 24)Words in s. 42(8) 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(8) (with Sch. 7)Words in s. 42(4) omitted (3.12.2012) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(5)(b)S. 42(9A)-(9D) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(4) (with arts. 24, 28)S. 42(12) inserted (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), s. 63(2), sch. para. 6 (with s. 62); S.S.I. 2015/99, art. 2S. 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)Words in s. 42(3)(b) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 Pt. 1 para. 13(2) (with regs. 1(3), 77-79, Sch. 4)Words in s. 42(3)(b) substituted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 3(b) (with reg. 78, sch. 5 para. 2)Words in s. 42(3)(b) substituted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 3(a) (with reg. 78, sch. 5 para. 2)