The Electricity (Offshore Generating Stations) (Fees) (Wales) Regulations 2019

• Citation: S.I. 2019/296 (W.)
• Sections: 5

Section 1 Title, commencement and interpretation

(1) The title of these Regulations is the Electricity (Offshore Generating Stations) (Fees) (Wales) Regulations 2019 and they come into force on 1 April 2019.

(2) In these Regulations—

“application” (“ cais ”) means an application to the Welsh Ministers under section 36 of the Electricity Act 1989 for consent to construct, extend or operate an offshore generating station, together with any application under section 36A of that Act for a declaration relating to rights of navigation which is made with the application under section 36; and

“column 3” (“ colofn 3 ”) means column 3 of the table in the Schedule to these Regulations.

Section 2 Fees

(1) A fee must be paid to the Welsh Ministers by the applicant for making an application.

(2) The fee is the aggregate of—

(a) the initial fee in accordance with regulation 3 ;

(b) the fee for examination of an application calculated in accordance with regulation 4 ; and

(c) the fee for determination of an application calculated in accordance with regulation 5 .

Section 3 The initial fee

(1) Where an application is made to the Welsh Ministers, an initial fee must be paid to the Welsh Ministers (the “initial fee”).

(2) The initial fee is the amount stated in row 1 of column 3.

(3) The initial fee must accompany the application.

Section 4 The examination fee

(1) A fee must be paid to the Welsh Ministers for examining an application (“the examination fee”).

(2) The examination fee is to be calculated as the aggregate of—

(a) the number of days or part of a day spent examining the application multiplied by—

(i) where an application is examined by way of hearing or inquiry, the daily rate set out in row 2 of column 3;

(ii) in all other cases, the daily rate set out in the row 3 of column 3; and

(b) any costs and disbursements actually incurred by or on behalf of the Welsh Ministers in connection with examining the application.

(3) The Welsh Ministers must give the applicant as soon as reasonably practicable an estimate in writing of the number of days examination of the application is likely to take.

(4) The Welsh Ministers may revise the estimate referred to in paragraph (3) at any time.

(5) The Welsh Ministers may invoice the applicant at reasonable intervals in respect of the number of actual days spent and for any costs incurred in examining the application.

(6) Any fee due under this regulation must be received by the Welsh Ministers within the period of 21 days beginning with the date the relevant invoice is sent.

(7) If the applicant fails to pay any fee due under this regulation within the period specified in paragraph (6) , the Welsh Ministers need take no further steps in relation to the application until payment has been received by the Welsh Ministers.

(8) If the applicant fails to pay any fee due under this regulation within the period of 12 weeks beginning on the expiry of the period specified in paragraph (6) , the application is deemed to have been withdrawn.

(9) The examination fee remains payable notwithstanding withdrawal of an application.

(10) In this regulation, a “day” is deemed to consist of 7.4 hours.

Section 5 The determination fee

(1) A fee must be paid to the Welsh Ministers for determining an application (“the determination fee”).

(2) The determination fee is the aggregate of—

(a) a fixed fee in the amount set out in row 4 of column 3; and

(b) any costs and disbursements actually incurred by or on behalf of the Welsh Ministers in connection with determining the application.

(3) The costs referred to in paragraph (2)(b) include any reasonable legal costs or other disbursements incurred or paid by or on behalf of the Welsh Ministers in connection with determining the application.

(4) The Welsh Ministers may invoice the applicant—

(a) for the fixed fee at any time after conclusion of examination of the application, and

(b) in respect of costs and disbursements at reasonable intervals.

(5) Any fee due under this regulation must be received by the Welsh Ministers within the period of 21 days beginning with the date the relevant invoice is sent.

(6) If the applicant fails to pay any fee due under this regulation within the period specified in paragraph (5), the Welsh Ministers need take no further steps in relation to the application until payment has been received by them.

(7) If the applicant fails to pay any fee due under this regulation within the period of 12 weeks beginning on the expiry of the period specified in paragraph (5), the application is deemed to have been withdrawn.

(8) The determination fee remains payable notwithstanding withdrawal of the application.