The Environmental Permitting (England and Wales) Regulations 2007

Fees and charges in relation to local authorities

65.—(1) An appropriate authority may make, and from time to time revise, a scheme prescribing—

(a) fees payable in respect of applications—

(i) for the grant of an environmental permit,

(ii) to vary an environmental permit,

(iii) to transfer an environmental permit in whole or in part,

(iv) to surrender an environmental permit in whole or in part;

(b) fees payable in respect of a variation on the initiative of the regulator under regulation 20(1); and

(c) charges payable in respect of the subsistence of an environmental permit.

(2) A scheme may in particular—

(a) prescribe specific fees and charges or the methods by which they are to be calculated;

(b) make different provision for different cases, including different provision in relation to different persons, circumstances or localities;

(c) subject to the requirements of these Regulations, provide for the time when, and the manner in which, payments required by the scheme are to be made; and

(d) make such incidental, supplementary and transitional provision as appears necessary or expedient to the appropriate authority.

(3) In making or revising a scheme, so far as practicable the appropriate authority must ensure that the fees and charges payable are sufficient to cover expenditure by local authorities—

(a) in exercising their functions under these Regulations;

(b) in making payment to the Agency in relation to the exercise of its functions under regulation 58;

(c) in making payment to any person who prepares guidance in relation to regulated facilities and regulated activities for which those authorities are the regulator.

(4) A scheme must provide for the payment of sums by a local authority to the Agency where those sums are related to expenditure by the Agency under regulation 58 or in preparing guidance referred to in paragraph (3)(c).

(5) If a regulator considers that an operator has failed to pay a charge specified in a scheme in respect of the subsistence of the operator’s permit, the regulator may revoke the permit.