PART 5Charging
Approval, publication and revision of chargesI136
1
The regulator must publish a document (“charging scheme”) setting out the charges payable in accordance with article 35(1) or how they will be calculated.
2
Before publishing a charging scheme, the regulator must—
a
bring its proposals to the attention of the persons likely to be affected by them; and
b
specify the period within which representations or objections to the proposals may be made.
3
A charging scheme cannot be published unless it has been approved—
a
in the case of proposals by the Environment Agency, by the Secretary of State;
b
in the case of proposals by SEPA, by the Scottish Ministers;
c
in the case of proposals by NRW, by the Welsh Ministers;
d
in the case of proposals by the chief inspector, by the Department of Agriculture, Environment and Rural Affairs.
4
Where a proposed charging scheme has been submitted for approval under paragraph (3), the appropriate national authority—
a
must consider any representations or objections made under paragraph (2)(b); and
b
may make such modifications to the proposal as they consider appropriate.
5
If the regulator proposes to revise a charging scheme in a material way, paragraphs (2) to (4) apply to the revised charging scheme.
6
Paragraphs (2) to (5) do not apply to a charging scheme prepared and published by the Secretary of State.