Fees and charges for authorisations - EPA 1990 s. 8
This section lets the Secretary of State prescribe fees and charges for authorisations, and allows revocation for non-payment. Not for Scotland.
There shall be charged by and paid to the local enforcing authority such fees and charges as may be prescribed from time to time by a scheme under subsection (2) below (whether by being specified in or made calculable under the scheme). The Secretary of State may, with the approval of the Treasury, make, and from time to time revise, a scheme prescribing— fees payable in respect of applications for authorisations; fees payable by persons holding authorisations in respect of, or of applications for, the variation of authorisations; and charges payable by such persons in respect of the subsistence of their authorisations. The Secretary of State shall, on making or revising a scheme under subsection (2) above, lay a copy of the scheme or of the alterations made in the scheme or, if he considers it more appropriate, the scheme as revised, before each House of Parliament. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A scheme under subsection (2) above may, in particular— make different provision for different cases, including different provision in relation to different persons, circumstances or localities; allow for reduced fees or charges to be payable in respect of authorisations for a number of prescribed processes carried on by the same person; provide for the times at which and the manner in which the payments required by the scheme are to be made; and make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate. The Secretary of State, in framing a scheme under subsection (2) above, shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one financial year with another, to cover the relevant expenditure attributable to authorisations. The “ relevant expenditure attributable to authorisations ” is the expenditure incurred by the local enforcing authorities in exercising their functions under this Part in relation to authorisations . . . together with the expenditure incurred by the Environment Agency in exercising, in relation to authorisations granted by local enforcing authorities or the prescribed processes to which such authorisations relate, such of its functions as are specified in the scheme. If it appears to the local enforcing authority that the holder of an authorisation has failed to pay a charge due in consideration of the subsistence of the authorisation, it may, by notice in writing served on the holder, revoke the authorisation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The foregoing provisions of this section shall not apply to Scotland.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the Secretary of State the power to create a scheme setting fees and charges for authorisations under Part I of the Environmental Protection Act 1990. The scheme can cover fees for applications, variations, and ongoing subsistence charges. The local enforcing authority can revoke an authorisation if the holder fails to pay a subsistence charge. This section does not apply to Scotland.
When it applies
- A factory owner applies for an authorisation to operate and is charged a fee set by the scheme.
- A waste management company holds an authorisation and receives an annual subsistence charge invoice.
- The holder of an authorisation does not pay the subsistence charge and the local authority serves a notice revoking the authorisation.
- The Secretary of State revises the fee scheme and lays the changes before Parliament.
- A local authority calculates fees for a permit using the prescribed scheme, with different rates for different processes.
What this section does not say
- This section does not set the actual amounts of fees or charges; those are in the scheme made by the Secretary of State.
- It does not provide a right to appeal against a revocation for non-payment; other provisions may cover that.
- It does not apply to authorisations in Scotland.
- It does not cover the content or conditions of the authorisation itself.
Related sections
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This page reproduces the text of EPA 1990 s. 8 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.