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The Pollution Prevention and Control (Scotland) Regulations 2012

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This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Pollution Prevention and Control (Scotland) Regulations 2012 ISBN 978-0-11-101851-4

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14.—(1) A reference in these Regulations to payment of a prescribed fee is, in so far as a fee is prescribed for an equivalent matter in the 2012 Scheme, to be read as a reference to payment of the fee prescribed in the 2012 Scheme.

(2) Sub-paragraph (1) does not apply after the 2012 Scheme is revoked.

(3) Where sub-paragraph (1) does not apply (whether by virtue of sub-paragraph (2) or otherwise), and the 2012 Scheme—

(a)provides for the payment of a fee for an equivalent matter, a reference in the 2012 Scheme to the 2000 Regulations (or any part) is to be read as a reference to these Regulations (or any part), or

(b)does not provide for payment of such a fee, the fee to be charged by SEPA for any matter in or under these Regulations is the fee applicable to a Part A installation.

(4) For the purposes of sub-paragraph (3)(b), SEPA must apply—

(a)an application charge unit of 1, and

(b)a subsistence charge unit of 3.

(5) In this paragraph—

“2012 Scheme” means the Pollution Prevention and Control (Parts A and B) Fees and Charges (Scotland) Scheme 2012(1),

“application charge unit” has the same meaning as in the 2012 Scheme,

“equivalent matter” means, as the case may be, a matter in the 2000 Regulations equivalent to a matter provided for in or under these Regulations, or a matter in these regulations equivalent to a matter provided for in or under the 2000 Regulations,

“fee” includes charge,

“Part A installation” means a Part A installation as referred to in the 2012 Scheme.

“subsistence charge unit” has the same meaning as in the 2012 Scheme.

(1)

Made by SEPA on 31 March 2012 in exercise of the powers conferred on them by section 41 of the Environment Act 1995 (c.25). A copy of the charging scheme is published on the SEPA web site at: http://www.sepa.org.uk/about_us/charging_schemes/current_charging_schemes.aspx.

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