SCHEDULEAPPLICATION BANDS AND MAXIMUM FEES (“CAPS”)

Regulation 4(3)

1

The bands and (where specified) the caps are as follows—

Band

Description of application

Cap

Band 1

Any application relating to:

(a) the burial of a body at sea;

(b) erecting scaffolding for discrete maintenance projects;

(c) removing poles, girders, joists and objects of a similar nature unattached to the seabed or any structure;

(d) resurfacing a slipway;

(e) repairing joints of any structure; or

(f) any activity of a similarly minor nature.

£175

Bands 2A-2E

Any application which does not fall, or does not fall exclusively, within the description in Band 1 and relates to a specified activity or activities which has, or (in the case of more than one activity) taken together have, an estimated cost falling within one of the following ranges—

Band 2A

£0 to £4,999

£450

Band 2B

£5,000 to £19,999

£700

Band 2C

£20,000 to £49,999

£1,400

Band 2D

£50,000 to £199,999

£2,200

Band 2E

£200,000 to £999,999

£2,700

Band 3

Any application which does not fall, or does not fall exclusively, within the description in Band 1 and does not fall within any description in Band 2A to 2E.

None.

2

1

In paragraph 1, “specified activity” means any activity falling within item 1 (deposits within the UK marine licensing area etc), 7 (construction, alteration or improvement of works etc) or 8 (use of vehicle to remove substances etc) of section 66(1) of the Act, but does not include any such activity where it is—

a

to be carried out in the course of an Annex I project;

b

to be carried out in the course of an Annex II project, if it is likely because of its size, nature or location to have significant effects on the environment;

c

a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site;

d

capable of affecting (other than insignificantly)—

i

the protected features of an MCZ; or

ii

any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent;

e

likely to have a significant effect on a Ramsar site; or

f

an activity with respect to which an environmental impact assessment is required by virtue of regulation 5 (requirement of assessment by agreement) of the EIA Regulations.

2

In paragraph 2(1)(a) and (b)—

a

“Annex I project” means a project of a type specified in Annex I to Council Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment6; and

b

“Annex II project” means a project of a type specified in Annex II to that Directive.

3

In paragraph 2(1)(c)—

  • “European site” means a European site within the meaning of regulation 8(1) of the Conservation of Habitats and Species Regulations 20107 or a European offshore marine site within the meaning of regulation 15 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 20078; and

  • “plan or project” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora9.

4

In paragraph 2(1)(d)—

a

“an MCZ” means a marine conservation zone from time to time designated by an order made under section 116 of the Act; and

b

“protected feature” has the meaning given by section 147(1) of the Act.

5

In paragraph 2(1)(e) “Ramsar site” means a site designated under paragraph 1 of Article 2 of the Ramsar Convention10 by the Secretary of State, the Scottish Ministers, the Welsh Ministers or, in Northern Ireland, the Department of the Environment11.

6

In paragraph 2(1)(f)—

a

“EIA Regulations” means the Marine Works (Environmental Impact Assessment) Regulations 200712; and

b

“environmental impact assessment” means an assessment under Part 3 of the EIA Regulations.