The Offshore Chemicals Regulations 2002

FeesU.K.

8.—(1) The Secretary of State may, in accordance with a charging scheme made by her for this purpose, charge [F1permit applicants, permit holders and] operators fees in respect of any of the matters to which this paragraph applies.

(2) The matters to which paragraph (1) applies are—

[F2(a)an application for the grant or renewal of a permit;

(b)an application for the variation of a permit or the conditions to which it is subject, or a review of a permit and its conditions;

(c)a request for the Secretary of State’s consent to the transfer of a permit;

(ca)the revocation or surrender of a permit;]

(d)the subsistence of a permit;

(e)the testing or analysis of substances;

(f)the validating of, or of the results of, any testing or analysis of substances; F3...

(g)assessing how the environment might be affected by the release [F4or discharge] into it of any substances [F5; and]

[F6(h)the provision of advice in respect of—

(i)an application or potential application for the grant or renewal of a permit;

(ii)an application or potential application for the variation of a permit or the conditions to which it is subject, or a review of a permit and its conditions;

(iii)a request or potential request for the Secretary of State’s consent to the transfer of a permit;

(iv)the revocation or surrender of a permit;

(v)the testing or analysis of substances;

(vi)the validating of, or of the results of, any testing or analysis of substances; and

(vii)assessing how the environment might be affected by the release or discharge into it of any substances,]

but paragraph (1) only applies to the matters referred to in sub-paragraphs (e) to (g) [F7and (h)(v) to (h)(vii)] in cases where the testing, analysis, validating or assessing is in any way in anticipation of, or otherwise in connection with, the making of permit applications or is carried out in pursuance of conditions to which any permit is subject.

(3) A charging scheme made under this regulation shall be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure as may be incurred by or on behalf of the Secretary of State in connection with any of the matters to which paragraph (1) applies.