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Updated Jul 1, 2010

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Do the costs outweigh the permit?

Following the recently published Environmental Permitting (England and Wales) Regulations SI 2010/675, the Environment Agency has issued key guidance which confirms the charges that will form part of the Permitting Charging Scheme 2010/11. The Agency’s Three Tier Permit Structure, based on its Unified Charging Framework, is the main element of the charging scheme that now reflects the expanded permitting regime.

Therefore, the charging scheme and guidance cover charges relating to a wide range of activities brought under the single environmental permitting system, including charges for waste facilities, installations, mining waste and mobile plants, groundwater and surface water discharges and radioactive substances.

While there has been an overall baseline increase in the charges of 1%, the costs for permit applications, along with their variation, revocation or surrender, have been reduced in most cases. Provision has also been made to allow the Agency to waive or reduce charges that it considers to be “significantly disproportionate”.

Fundamentally, the Three Tier Permit Structure combines the approach taken under the Agency’s Operational Risk Appraisal Scheme (Opra), a tool which enables the Agency to target the high environmental risk posed by a poor performing site. Operators can work out their Opra-banded profile with reference to five key attributes, which are based on key consideration of a site’s activities that determine its:

  • complexity;
  • emissions and inputs;
  • location;
  • operator performance;
  • compliance rating.

Further information on this guidance can be found at http://publications.environment-agency.gov.uk/pdf/GEHO0410BSFA-e-e.pdf.


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