2010 No. 603
The Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Order in exercise of the powers conferred by section 17(3)(e) of the Marine and Coastal Access Act 20091.
Title and commencement1
This Order—
a
may be cited as the Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010; and
b
comes into force on 1st April 2010.
Prescription of powers to fix fees and charges2
Any power of the Secretary of State to fix a fee or charge contained in the provisions set out in the Schedule is prescribed for the purposes of section 17 of the Marine and Coastal Access Act 2009.
SCHEDULE
Legislative provision | Description of power to fix fees or charges |
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Coast Protection Act 19492 (Part II) | |
Section 36(4) | To recover certified expenses of removing or altering any works or removing any object or materials under section 36(2) or (3) |
Section 36A(4) | To recover certified costs of making arrangements under section 36A(3) |
Food and Environment Protection Act 19853 (Part II) | |
Section 8(8) | To require an applicant to pay reasonable fees for carrying out examinations and tests and checking and monitoring operations |
Section 10(2) | To recover reasonable expenses incurred in taking remedial action |
Section 13(2) | To recover reasonable expenses incurred in conducting tests on substances produced for the treatment of oil |
Section 14(5)(b) | To make reasonable charges for copies of Register entries |
The Deposits in the Sea (Exemptions) Order 19854 | |
Article 5(6) | To make reasonable charges for copies of Register entries |
The Environmental Impact Assessment and Natural Habitats (Extraction of Marine Minerals by Marine Dredging)(England and Northern Ireland) Regulations 20075 | |
Regulation 9(1) | To charge a fee, determined in accordance with regulation 25, in respect of preliminary matters |
Regulation 12(3) | To make a reasonable charge for the provision of copies of applications, information, reports and advice |
Regulation 13(6)(a)(ii) | To apply in a grant of permission conditions as to the fees, determined in accordance with regulation 25, to be paid in respect of the regulator’s expenses incurred in assessing and interpreting the results of any monitoring of compliance with the conditions attached to the permission carried out in accordance with such conditions |
Regulation 17(3) | To vary in a permission any condition as to fees to which the permission was subject prior to the variation |
Regulation 18(8) | To request payment of fees determined in accordance with regulation 25 |
Regulation 20(9)(b) | To apply in a variation of permission conditions as to fees, determined in accordance with regulation 25, to be paid in respect of the regulator’s expenses incurred in interpreting and assessing the results of any monitoring of compliance with the conditions attached to the permission carried out in accordance with such conditions |
Regulation 25(1) | To determine the fees to be paid— |
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Regulation 25(3) | To determine fees with the consent of the Treasury and after consultation |
Regulation 26(6) | To charge a reasonable fee for providing a copy of a document entered on the register |
The Marine Works (Environmental Impact Assessment) Regulations 20076 | |
Regulation 3(1) | To charge an applicant for a licence under Part II of the Food and Environment Protection Act 1985 reasonable fees in respect of administrative and other expenses incurred as an appropriate authority under the Regulations |
Regulation 3(2) | To charge an applicant for regulatory approval other than a licence under Part II of the Food and Environment Protection Act 1985 reasonable fees in respect of administrative and other expenses incurred as an appropriate authority under the Regulations |
Regulation 15(4) | To make reasonable charges reflecting the cost of identifying, preparing and copying information |
Schedule 2, paragraph 2(1) | To charge a reasonable fee for the administrative expenses of providing a screening opinion; to charge a reasonable fee for carrying out examinations and tests necessary or expedient to enable the production of a screening opinion |
Schedule 2, paragraph 2(2) | To require a reasonable advance payment in respect of fees for a screening opinion; to require payment of the determined balance of a fee payable for producing a screening opinion |
Schedule 4, paragraph 3(1) | To require an applicant to pay a reasonable fee for administrative expenses incurred in producing a scoping opinion; to charge a reasonable fee for carrying out examinations and tests necessary or expedient for the production of a scoping opinion |
Schedule 4, paragraph 3(2) | To require a reasonable advance payment in respect of fees for a scoping opinion; to require payment of the determined balance of a fee payable for producing a scoping opinion |
The Conservation of Habitats and Species Regulations 20107 | |
Regulation 55(5) | To charge a reasonable sum for a licence issued under regulation 53(1) for a purpose specified in any of sub-paragraphs (e) to (g) of paragraph (2) of that regulation, regulation 53(4) or regulation 54 |
The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 20078 | |
Regulation 49(14) | To charge a reasonable sum for a licence issued under regulation 49 |
(This note is not part of the Order)