45.—(1) The application charge referred to in regulation 41(4)(c)(i) shall be £12,174 for each scheme.
(2) Subject to paragraph (3), the annual producer charge referred to in regulation 43(e)(i) shall be—
(a)£30 for each scheme member who is not, and is not required to be, registered under the Value Added Tax Act 1994 M1;
(b)£220 for each scheme member who is, or is required to be, registered under the Value Added Tax Act 1994 and who had a total turnover of £1 million or less in the last financial year; and
(c)£445 for each scheme member who had a total turnover of more than £1 million in the last financial year.
(3) Where an operator of a scheme does not provide the appropriate authority with evidence to support a claim that a scheme member is eligible for the charge specified in paragraph (2)(a) or (b), that scheme member shall be deemed to be eligible for the charge specified in paragraph (2)(c).
(4) Where for any reason approval is refused under regulation 41 or is withdrawn under regulation 44 the appropriate authority shall not be under any obligation to refund the whole or any part of the application charge that has been paid in accordance with regulation 41(4)(c)(i).
(5) The provisions of paragraphs (1), (2), (3) and (4) shall not apply if, or to the extent that, they have been superseded by the provisions of a charging scheme made under section 41 of the Environment Act 1995 M2—
(a)by the Environment Agency in respect of applications for approval made under regulation 41 to that appropriate authority;F1...
[F2(aa)by the Natural Resources Body for Wales in respect of applications for approval made under regulation 41 to that appropriate authority; or]
(b)by SEPA in respect of applications for approval made under regulation 41 to that appropriate authority.
(6) A charging scheme made under section 41 of the Environment Act 1995 shall specify the extent to which it supersedes any of the provisions in paragraphs (1), (2), (3) and (4).
(7) To the extent that any of the provisions of paragraphs (1), (2), (3) and (4) are superseded in accordance with paragraph (5), any reference in these Regulations to a charge specified in paragraph (1) or (2) shall be read as a reference to the charge which supersedes that charge and which is prescribed by a charging scheme.
Textual Amendments
F1Word in reg. 45(5)(a) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 266(2) (with Sch. 7)
F2Reg. 45(5)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 266(3) (with Sch. 7)
Marginal Citations