Environmental Protection Act 1990

41 Fees and charges for licences. E+W+S

(1) There shall be charged by and paid to waste regulation authorities, in respect of applications for licences or relevant applications in respect of licences, and in respect of the holding of licences, such fees and charges as may be provided for from time to time by a scheme under subsection (2) below.

(2) 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 licences or relevant applications in respect of licences, and

(b) charges payable in respect of the subsistence of licences,

to waste regulation authorities by persons making applications for or in respect of licences, or holding licences, as the case may be.

(3) The applications in respect of licences which are relevant for the purposes of this section are—

(a) applications for a modification of the conditions of a licence;

(b) applications to surrender a licence; and

(c) applications for the transfer of a licence.

(4) The Secretary of State shall, on making or revising a scheme under subsection (2) above, lay a copy of the scheme or of the modifications made in the scheme before each House of Parliament.

(5) A waste regulation authority in England and Wales shall pay to the National Rivers Authority, and a waste regulation authority in Scotland shall pay to any river purification authority which it consults in relation to a licence, out of any fee or charge which—

(a) is payable to the authority under a scheme under subsection (2) above; and

(b) is of a description prescribed in such a scheme for the purposes of this subsection,

such amount as may be prescribed in the scheme in relation to fees or charges of that description.

(6) A scheme under subsection (2) above may in particular—

(a) provide for different fees or charges to be payable according to the description of activities authorised by licences and the descriptions and amounts of controlled waste to which those activities relate;

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

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

and different schemes may be made and revised for different areas.

(7) If it appears to the waste regulation authority that the holder of a licence has failed to pay a charge due in consideration of the subsistence of the licence, the authority may, by notice in writing served on the holder, revoke the licence so far as it authorises the carrying on of the activities specified in the licence.

(8) Section 38(5) above applies for the purposes of subsection (7) above as it applies for the purposes of subsection (3) of that section.

Commencement Information

I1 S. 41 wholly in force; s. 41 not in force at Royal Assent see s. 164(3); s. 41(2)(4)(5) in force at 18.2.1993 by S.I. 1993/274, art. 2(1); remainder in force at 16.3.1994 by S.I. 1994/780, art. 2