Environmental Authorisations (Scotland) Regulations 2018: Proposed changes to the Charging Scheme

Under the Regulations, we must be satisfied that the applicant is a fit and proper person before issuing them with an authorisation. This equally applies when an authorised person applies to transfer an authorisation to another person. The level of assessment will be proportionate to the nature of the activity, its risk to the environment, or where we have information to suggest that an individual applicant may require a more detailed assessment. When considering your response to this consultation, you may find it useful to read our Guidance on who can hold an authorisation: in control and fit and proper person test.

Under the current Charging Scheme, we apply an Assessed Transfer Application charge of £1788 to transfer all waste management licences and specific waste management activities regulated under a PPC permit as they require a detailed assessment of the applicant to ensure they are a fit and proper person. We do not charge for a transfer of an authorisation for a non-waste PPC activity or a water activity issued under CAR. For radioactive substances activities, which are already part of the Regulations, we apply a transfer fee of £851 for non-nuclear activities, based upon the Registration application fee, and a direct charge of time and materials for the transfer of permits for nuclear activities. Once we begin regulating all activities under the amended Regulations, we will undertake a fit and proper assessment across all activities. Therefore, to ensure we recover our costs, we are proposing to introduce a fee for all transfer applications based on their level of assessment: a Standard Transfer fee and a Substantial Transfer fee.

A Standard Transfer application will apply to the transfer of an authorisation (Registration or Permit) to another person, which only requires a basic assessment of whether that person is fit and proper. The charge will be the equivalent fee for a Registration for that activity:

• For waste and water activities, we will apply a fee of £185.
• For industrial activities, we will apply a fee of £659.
• For radioactive substances (non-nuclear), we will apply a fee of £851.

A Substantial Transfer application will replace the Assessed Transfer application. It will apply to the transfer of a Permit to another person, which requires a detailed assessment of whether that person is fit and proper. We will continue to apply the current fee of £1788.

For the transfer of radioactive substances nuclear permit, we will continue to apply a direct charge of time and materials.

As all registration and permit level activities will require some level of assessment, we have removed the current free administrative transfer category.