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.