The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) (No. 2) Regulations 2016

• Citation: S.I. 2016/1042
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Pollution Prevention and Control (Fees) (Miscellaneous Amendments) (No. 2) Regulations 2016 and come into force on 1st December 2016.

Section 2 Amendment of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments and other Provisions) Regulations 2015 are amended as follows.

(1) After regulation 5, insert—

Fees relating to consents to locate

(5A)

(1) The Secretary of State may charge fees, calculated in accordance with regulation 7, in connection with—

(a) giving, refusing, varying, renewing, transferring, surrendering or revoking a consent to locate;

(b) monitoring compliance with—

(i) the requirements of Part 4A of the EA; and

(ii) a consent to locate;

(c) serving an emergency safety notice under section 82F of the EA;

(d) revoking the requirements of an emergency safety notice under section 82G(8) of the EA; and

(e) providing advice with respect to—

(i) an application or potential application for a consent to locate;

(ii) the variation, renewal, transfer, surrender or revocation of a consent to locate;

(iii) the service of an emergency safety notice under section 82F of the EA; and

(iv) the revocation of the requirements of an emergency safety notice under section 82G(8) of the EA.

(2) In this regulation—

(a) “the EA” means the Energy Act 2008; and

(b) “a consent to locate” means a consent under section 82A of the EA.

(2) For regulation 6, substitute—

Fees relating to certain marine licences

(6)

(1) This regulation applies where the Secretary of State’s functions referred to in paragraph (2) relate to oil and gas activities for which a marine licence is needed under Part 4 of the MCAA.

(2) The Secretary of State may charge fees, calculated in accordance with regulation 7, in connection with—

(a) granting, refusing, varying, transferring, surrendering, suspending or revoking a marine licence;

(b) monitoring compliance with—

(i) the requirements of Part 4 of the MCAA; and

(ii) a marine licence;

(c) issuing or renewing a stop notice under section 102 of the MCAA, and varying or revoking a stop notice under section 103 of the MCAA;

(d) issuing an emergency safety notice under section 104 of the MCAA, and varying or revoking an emergency safety notice under section 105 of the MCAA; and

(e) providing advice with respect to—

(i) an application or potential application for a marine licence;

(ii) the variation, transfer, surrender, suspension or revocation of a marine licence;

(iii) the issue or renewal of a stop notice under section 102 of the MCAA, and the variation or revocation of a stop notice under section 103 of the MCAA; and

(iv) the issue of an emergency safety notice under section 104 of the MCAA, and the variation or revocation of an emergency safety notice under section 105 of the MCAA.

(3) In this regulation “the MCAA” means the Marine and Coastal Access Act 2009.

Section 3 Amendment of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001

In regulation 20A(1)(b) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 , after “for a”, insert “Petroleum Act licence,”.

Section 4 Amendment of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010

In article 3(5) of the Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 , for “5 and 7” substitute “5, 7 and 20A”.