Environmental Protection Act 1990

113 Fees and charges. U.K.

(1) The Secretary of State may, with the approval of the Treasury, make and from time to time revise a scheme prescribing—

(a) fees payable in respect of applications for consents; and

(b) charges payable by persons holding consents in respect of the subsistence of their consents;

and it shall be a condition of any such consent that any applicable prescribed charge is paid in accordance with that scheme.

(2) A scheme under this section may, in particular—

(a) provide for different fees or charges to be payable in different cases or circumstances;

(b) provide for the times at which and the manner in which payments are to be made; and

(c) make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate.

(3) The Secretary of State shall so frame a scheme under this section as to secure, so far as practicable, that the amounts payable under it will be sufficient, taking one financial year with another, to cover the expenditure of the Secretary of State in discharging his functions under this Part in relation to consents.

(4) The Secretary of State shall, on making or revising a scheme under this section, lay a copy of the scheme or of the scheme as revised before each House of Parliament.

[F1 (5) The Scottish Ministers may, with the consent of the Secretary of State, provide in a scheme under this section for any functions under the scheme to be performed by a Minister of the Crown or government department where they consider it expedient to do so in relation to [F2 retained EU law which implemented Directive 2001/18/EC of the European Parliament and of the Council ].]

Textual Amendments

F1 S. 113(5) inserted (S.) (5.4.2001) by S.S.I. 2001/99, reg. 2

F2 Words in s. 113(5) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 2(4); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 S. 113(1) functions modified (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 27

Commencement Information

I1 S. 113 wholly in force at 1.4.1991 see s. 164(3) and S.I. 1991/1042, art. 2