PART 9Miscellaneous

Fees46.

(1)

Section 41(1) of the Environment Act 1995 (power to make schemes imposing charges)12 is amended as follows—

(a)

omit the word “and” at the end of paragraph (b);

(b)

after paragraph (c), insert—

“and

(d)

as a means of recovering costs incurred by it in performing functions conferred by Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste, as amended from time to time, each of the new Agencies may require the payment to it of such charges as may from time to time be prescribed;”.

(2)

In order to meet any administrative costs incurred by them in implementing the notification and supervision procedures of the Community Regulation and of any costs of any analyses or inspections undertaken for the purpose of carrying out their functions under that Regulation—

(a)

the Environment Agency and the Scottish Environment Protection Agency may charge the fees in Schedule 2 until a charging scheme under section 41 of the Environment Act 1995 to recover such costs takes effect or until 1st April 2011, whichever is earlier; and

(b)

the Department of the Environment in Northern Ireland may charge the fees in Schedule 3.

(3)

Fees must be paid by the notifier when he submits a notification and the competent authorities may refuse to proceed with a notification unless the required fee is submitted.