ENVIRONMENTAL PROTECTION REGULATIONS 1987 - REG 5D
ENVIRONMENTAL PROTECTION REGULATIONS 1987 - REG 5D
5D . Prescribed premises, fee for licence for
(1) The total amount
of the fee for a licence in respect of prescribed premises is the sum of the
following amounts — the amount for each financial year, or part of
a financial year, in the licence period worked out under
subregulation (1a) (reduced pro rata for a part of a financial year).
(1a) Subject to
subregulations (3) and (4) and regulation 5G (the maximum fee), the
amount for a financial year is the sum of the paragraph (a) amount and
the larger of the paragraph (b) amount and the paragraph (c)
amount —
(a) the
amount specified in the third column of Part 1 of Schedule 4 for the
financial year for the relevant category, and the relevant production or
design capacity (where applicable), of the premises specified in the first and
second columns of that Part;
(b) in
respect of premises within category 5, 6, 7, 8, 9, 12, 14, 44, 46, 53, 54A,
70, 80 or 85B, where the operation of the premises involves the discharge of
Part 2 waste — the amount specified in the second column of
Part 2 of Schedule 4 for the financial year for the relevant
quantity of such waste specified in the first column of that Part that is
permitted to be discharged from the premises;
(c) the
amount for the financial year is the sum of the following amounts —
the amount worked out under regulation 5E for each kind of waste to be
discharged from the premises.
(2) If any premises
occupied by the same person, as determined by the Chief Executive Officer,
fall within more than one category specified in the first column of
Part 1 of Schedule 4, the amount payable in respect of those
premises under subregulation (1a)(a) is that appropriate to the category
in respect of which the higher or highest amount is payable.
(3) No amount is
payable under subregulation (1a)(c) in respect of bitterns discharges or
discharges from category 14 premises.
(4) No amount is
payable under subregulation (1a)(c) in respect of water discharge from
category 6 premises.
[(5) deleted]
(6) In this regulation
and Schedule 4 —
Part 2 waste means waste consisting
of —
(a)
tailings; or
(b)
bitterns; or
(c)
water to allow mining of ore; or
(d)
flyash; or
(e)
waste water from a desalination plant.
[Regulation 5D inserted: Gazette
13 Sep 1996 p. 4547; amended: Gazette 10 Dec 1996
p. 6876‑7; 15 Aug 2000 p. 4713;
22 Jun 2004 p. 2144‑5; 13 Dec 2005
p. 5982-3; 22 Jun 2007 p. 2841; SL 2022/68
r. 7.]