The Marine Licensing (Application Fees) (Amendment) Regulations 2018

Publication Date:January 01, 2018
 
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2018No. 850

ENVIRONMENTAL PROTECTION LICENSING (MARINE) MARINE POLLUTION

The Marine Licensing (Application Fees) (Amendment) Regulations 2018

Made13thJuly2018

Laid before Parliament16thJuly2018

Coming into force1stSeptember2018

In exercise of the powers conferred by sections 67(2), (3) and 316(1) of the Marine and Coastal Access Act 2009( 1), the Secretary of State, as the appropriate licensing authority under section 113(2)(a), (4)(a), (6)(a) and (8) of that Act( 2), makes the following Regulations.

Citation and commencement

1. These Regulations may be cited as the Marine Licensing (Application Fees) (Amendment) Regulations 2018 and come into force on 1st September 2018.

Amendment of the Marine Licensing (Application Fees) Regulations 2014

2. The Marine Licensing (Application Fees) Regulations 2014( 3) are amended in accordance with regulations 3 to 5.

Amendment of regulation 4

3. For regulation 4 substitute—

4.—(1) The fee payable for determining an application for a licence is comprised of—

(a) an application fee, as calculated in accordance with paragraphs (2) to (4); and

(b) if appropriate, a travel fee, as calculated in accordance with paragraph (5).

(2) Subject to paragraph (3)—

(a) the application fee for an application which falls within Band 1 in the Schedule is £50; and

(b) the application fee for an application which falls within Band 2 or Band 3 in the Schedule is the product of £122 and the total number of hours worked.

(3) Where the application fee that would otherwise be payable under paragraph (2), taken together with the fee (if any) charged under section 67(5) of the Act, would exceed the maximum fee in relation to an application of the kind in question, the amount payable in respect of both such fees taken together is the maximum fee.

(4) For the purposes of paragraph (3), the maximum fee payable in respect of an application falling within any band specified in the first column of the table in paragraph 1 of the Schedule (and of the kind described in the second column of that table) is specified in relation to that band in the third column of that table.

(5) The travel fee is comprised of—

(a) a travel time charge which is the product of £122 and the total number of hours of travel undertaken by each relevant person; and

(b) the total amount of the reasonable travelling costs and related incidental expenditure incurred in respect of each relevant person.

(6) For the purposes of paragraphs (2)(b) and (5)(a), the total number of hours worked or travelled (as applicable) may be expressed as a fraction where it cannot be expressed as a whole number.

(7) In paragraph (5), “relevant person” means a person acting on behalf of the Secretary of State in relation to an application.”.

Amendment of regulation 6

4. In regulation 6(1), for “The Secretary of State may require a applicant” substitute “In relation to an application which falls within Band 2 or Band 3 in the Schedule, the Secretary of State may require an applicant”.

Amendment of the Schedule

5. In the Schedule—

(a) in the heading, delete “(“CAPS”)”;

(b) in the shoulder note, for “Regulation 4(3)” substitute “Regulation 4(2)”; and

(c) for paragraph 1 substitute—

1. The bands and (where applicable) maximum fees are as follows—

Band

Description of application

Maximum fee

Band 1

Any application relating to:

(a) the burial of a body at sea;

(b) erecting scaffolding for discrete maintenance projects;

(c) removing poles, girders, joists and objects of a similar nature unattached to the seabed or any structure;

(d) resurfacing a slipway;

(e) repairing joints of any structure; or

(f) any activity of a similarly minor nature

£50

Band 2

Any application which does not fall, or does not fall exclusively, within the description in Band 1 and relates to a specified activity or activities which has, or (in the case of more than one activity) taken together have, an estimated cost falling within one of the following ranges—

Band 2A

less than £50,000

£1,400

Band 2B

£50,000 or more, but less than £1,000,000

£2,200

Band 3

Any application which does not fall, or does not fall exclusively, within the description in Band 1 and does not fall within the description in Band 2A or 2B

None”.

Transitional provisions

6.—(1) Paragraphs (2) and (3) apply to any application falling within Band 2 in the Schedule to the Marine Licensing (Application Fees) Regulations 2014 which was received by the Secretary of State before 1st September 2018 but which has not been determined by the Secretary of State before that date.

(2) Regulation 4 of the Marine Licensing (Application Fees) Regulations 2014 has effect as if—

(a) paragraphs (1)(b) (together with the “and” before that paragraph), (5) and (7) were omitted;

(b) in paragraph (2)(b), for “£122” there were substituted “£94”; and

(c) in paragraph (6)—

(i) for “paragraphs (2)(b) and (5)(a)” there were substituted “paragraph...

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