2019 No. 497 (W. 114)
The Plant Health (Fees) (Forestry) (Wales) Regulations 2019
Made
Laid before the National Assembly for Wales
Coming into force
1972 c.68: section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the European Union (Amendment) Act 2008 (c.7).
Title, application and commencementI11
1
The title of these Regulations is the Plant Health (Fees) (Forestry) (Wales) Regulations 2019.
2
These Regulations apply in relation to Wales.
3
These Regulations come into force on 28 March 2019.
InterpretationI22
1
In these Regulations—
“approved place of inspection” (“man arolygu a gymeradwywyd”) has the meaning given in article 3 of the Order;
“controlled consignment” (“llwyth a reolir”) means a consignment within the meaning of Article 2(1)(p) of the Directive, or a consignment which an inspector reasonably suspects to be such a consignment, of any of the following relevant material to which Part 2 of the Order applies—
- a
isolated bark of a type listed in Schedule 5, Part A, paragraph 3 or Part B, paragraph 3 to the Order; or
- b
wood of a type listed in Schedule 5, Part A, paragraph 4 or Part B, paragraph 1 to the Order, other than wood packaging material which is actually in use in the transport of objects of all kinds;
- a
“the Directive” (“y Gyfarwyddeb”) means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community M3;
“documentary check” (“gwiriad dogfennol”) has the meaning given by Article 13a(1)(b)(i) of the Directive;
“identity check” (“gwiriad adnabod”) has the meaning given by Article 13a(1)(b)(ii) of the Directive;
“licence” (“trwydded”) means a licence to carry out any activity to which article 38 or 39 of the Order applies;
“the Order” (“y Gorchymyn”) means the Plant Health (Forestry) Order 2005 M4;
“plant health check” (“gwiriad iechyd planhigion”)has the meaning given by Article 13a(1)(b)(iii) of the Directive;
“plant passport authority” (“awdurdodiad pasbort planhigion”) means an authority to issue plant passports granted by the Welsh Ministers under article 28 of the Order;
“remedial notice” (“hysbysiad adfer”) means a notice served under article 31(1) or (4) or 33(3) of the Order; and
“remedial work” (“gwaith adfer”) means any steps taken by a person for the purposes of complying with a remedial notice, or by an inspector under article 32(1) of the Order.
2
Words and expressions which are not defined in these Regulations and which appear in the Order have the same meaning in these Regulations as they have in the Order.
FeesI33
1
Fees payable under this regulation are payable to the Welsh Ministers.
2
The fee payable for an inspection and associated activities in connection with the granting, variation, or suspension of a plant passport authority or for monitoring compliance with that authority is specified in Schedule 1.
3
The fee payable in connection with an application for a licence (including an application for an extension or variation of a licence), for an inspection and associated activities in connection with an application for a licence or for monitoring compliance with the terms and conditions of a licence is specified in Schedule 2.
4
The importer of a controlled consignment must pay—
a
in the case of a plant health check in respect of the consignment, the fee specified for the relevant type of consignment in item 1 or 2 of the table in Schedule 3;
b
in the case of a documentary check in respect of the consignment, the fee specified in item 1 of the table in Schedule 4;
c
in the case of an identity check in respect of the consignment, the fee specified in item 2 of the table in Schedule 4.
5
Where, at the request of an importer of a controlled consignment, a plant health check is carried out on the consignment at an approved place of inspection, the importer must pay the fee of £30 for each visit made by an inspector in the course of conducting the plant health check at the approved place of inspection, in addition to the fee payable under paragraph (4)(a).
6
The person on whom a remedial notice is served or who is given notice under article 32(1) of the Order must pay the fee specified in Schedule 5 for the carrying out or the monitoring by an inspector of remedial work and associated activities in connection with a controlled consignment.
RevocationsI44
The following Regulations are revoked—
a
the Plant Health (Fees) (Forestry) Regulations 2006 M5;
b
the Plant Health (Fees) (Forestry) (Amendment) Regulations 2008 M6;
c
the Plant Health (Fees) (Forestry) (Amendment) Regulations 2009 M7;
d
the Plant Health (Fees) (Forestry) (Amendment) Regulations 2010 M8.
I5SCHEDULE 1FEES FOR INSPECTIONS IN CONNECTION WITH A PLANT PASSPORT AUTHORITY
Sch. 1 in force at 28.3.2019, see reg. 1(3)
Type of inspection | Fee |
---|---|
Inspection and associated activities (including travelling and office time) in connection with the granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority— | |
| £37 |
| £9.25 |
I6SCHEDULE 2FEES IN CONNECTION WITH LICENCES
Sch. 2 in force at 28.3.2019, see reg. 1(3)
Item | Type of application or inspection | Fee |
---|---|---|
1 | Application for a licence | £305 |
2 | Application for an extension or variation of a licence with changes requiring scientific or technical assessment | £100 |
3 | Application for an extension of a licence with no changes or for an extension or variation of a licence with changes not requiring scientific or technical assessment | £12 |
4 | Inspection and associated activities (including travelling and office time) in connection with item 1, 2 or 3 or for monitoring compliance with licence terms and conditions— | |
| £37 | |
| £9.25 |
I7SCHEDULE 3FEES FOR PLANT HEALTHCHECKS
Sch. 3 in force at 28.3.2019, see reg. 1(3)
Item | Description of relevant material in consignment subject to a plant health check | Unit | Fee |
---|---|---|---|
1 | Isolated bark, wood shavings, wood chips or sawdust | Per consignment | |
- up to 25000kg | £31.20 | ||
- for each additional 1000kg or part thereof | £0.49 | ||
Up to a maximum fee of £98 per consignment | |||
2 | Wood (other than wood in the form of isolated bark, wood shavings, wood chips or sawdust) | Per consignment | |
- up to 25000kg | £31.20 | ||
- for each additional 1000kg or part thereof | £0.25 |
I8SCHEDULE 4FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS
Sch. 4 in force at 28.3.2019, see reg. 1(3)
Item | Type of check | Unit | Fee |
---|---|---|---|
1 | Documentary check | Per consignment | £7.20 |
2 | Identity check | Per consignment | |
- for each load of up to 30m³ forming part of the consignment contained in one truck, railway wagon or comparable container | £7.20 | ||
- for each bulk load of less than 100m³ | £7.20 | ||
- for each bulk load of 100m³ or more | £14.40 |
I9SCHEDULE 5FEES FOR THE CARRYING OUT OR MONITORING OF REMEDIAL WORK
Sch. 5 in force at 28.3.2019, see reg. 1(3)
Remedial work | Fee |
---|---|
The carrying out or monitoring by an inspector of remedial work and associated activities (including travelling and office time) in connection with a controlled consignment— | |
| £37 |
| £9.25 |
S.I. 2010/2690. Under section 1(2) of the Plant Health Act 1967 (c.8), as amended by article 4(1) of, and paragraph 43 of Schedule 2 to, the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), the Welsh Ministers are the competent authority for Wales as regards the protection of forest trees and timber from attack by pests.