Environment Act 2021

64 Powers to make charging schemes U.K.

(1) The Environment Act 1995 is amended as follows.

(2) In section 41(1) (powers to make charging schemes) after paragraph (m) insert—

“(n) as a means of recovering costs incurred by it in performing functions conferred by regulations made under Schedule 4 or 5 to the Environment Act 2021, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;

(o) as a means of recovering costs incurred by it in performing functions conferred by the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;

(p) as a means of recovering costs incurred by it in performing functions conferred by the Waste Electrical and Electronic Equipment Regulations 2013 (S.I. 2013/3113), the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;

(q) as a means of recovering costs incurred by it in performing functions relating to section 33(1) of the Environmental Protection Act 1990, the Agency or the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;

(r) as a means of recovering costs incurred by it in performing functions relating to regulation 12(1) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) in relation to a regulated facility which is a waste operation (within the meaning of those Regulations), the Agency or the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;”.

(3) In section 56(1) (interpretation)—

(a) in the definition of “environmental licence”, in the application of Part 1 of the Act in relation to an appropriate agency—

(i) in paragraph (j) for the words from “WEEE” to the end substitute “waste operation (within the meaning of those Regulations),”;

(ii) omit paragraphs (l) to (o);

(b) in the definition of “environmental licence”, in the application of Part 1 of the Act in relation to the Scottish Environment Protection Agency, omit paragraphs (l) to (o).

(4) Until the repeal of section 93 of the Environment Act 1995 (“the 1995 Act”) by section 50 of this Act is fully in force, section 41(1)(n) of the 1995 Act has effect as if the reference to Schedule 4 to this Act included a reference to section 93 of the 1995 Act.

Commencement Information

I1 S. 64 not in force at Royal Assent, see s. 147(3)-(5)

I2 S. 64 in force at 24.1.2022 for specified purposes by S.I. 2022/48, reg. 2(l)

I3 S. 64 in force at 7.3.2022 for specified purposes for W. by S.I. 2022/223, regs. 1(2), 2(c)