59.—(1) The application charge referred to in regulation 55(4)(c)(i) will be £12,150 for each scheme.
(2) Subject to paragraph (3), the annual producer charge referred to in regulation 57(f)(i) will be—
(a)£30 for each scheme member who is not, and is not required to be, registered under the Value Added Tax Act 1994(1);
[F1(b) £30 for each scheme member who is a small producer;]
(c)£210 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
(d)£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),(b) or (c), that scheme member will be deemed to be eligible for the charge specified in paragraph (2)(d).
(4) Where a small producer has submitted an application under regulation [F216] for registration as a small producer in a particular compliance period the annual producer charge will be the same as that set out in regulation 59(2)(b).
F3(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where for any reason approval is refused under regulation 55 or is withdrawn under regulation 58 the appropriate authority will not be under any obligation to refund the whole or any part of the application charge that has been paid in accordance with regulation 55(4)(c)(i).
(7) The provisions of paragraphs (1), (2), (3), (4) (5) and (6) will not apply if, or to the extent that, they have been superseded by the provisions of a charging scheme made under section 41 of the Environment Act 1995(2)—
(a)by the Environment Agency in respect of applications for approval made under regulation 55 to that appropriate authority;
(b)by the Natural Resources Body for Wales in respect of applications for approval made under regulation 55 to that appropriate authority; or
(c)by SEPA in respect of applications for approval made under regulation [F455] to that appropriate authority.
(8) A charging scheme made under section 41 of the Environment Act 1995 will specify the extent to which it supersedes any of the provisions in paragraphs (1), (2), (3) (4), (5) and (6).
(9) To the extent that any of the provisions of paragraphs (1), (2), (3) (4), (5) and (6) are superseded in accordance with paragraph (7), any reference in these Regulations to a charge specified in paragraph (1), (2) F5..., (4) or (5) will be read as a reference to the charge which supersedes that charge and which is prescribed by a charging scheme.
Textual Amendments
F1Words in reg. 59(2)(b) substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(29)(a)
F2Word in reg. 59(4) substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(29)(b)
F3Reg. 59(5) omitted (25.12.2015) by virtue of The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(29)(c)
F4Word in reg. 59(7)(c) substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(29)(d)
F5Word in reg. 59(9) omitted (25.12.2015) by virtue of The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(29)(e)
Commencement Information
I1Reg. 59 in force at 1.1.2014, see reg. 1(2)