Environmental Management and Pollution Control (General) Regulations 2017

Not less than 12 months after the day on which a person became liable to pay a variable fee referred to in regulation 4(1)(b), regulation 4(3), regulation 5(1) or regulation 6(1), the person may apply in writing to the Board for an exemption from liability to pay all or part of the variable fee.

An application is to – be made not less than 90 days before the next 12-month anniversary of – the day on which the LUPAA permit to which the variable fee relates was granted or taken to have been granted; or the making of the order under the State Policies and Projects Act 1993 to which the variable fee relates; or the day on which the environment protection notice to which the variable fee relates was served; and be in a form approved by the Board; and be accompanied by any documents that the Board considers appropriate; and contain any additional information that the Board considers appropriate.

On receipt of an application, the Board may – refuse to grant the exemption; or grant the exemption with or without any conditions that the Board considers appropriate.

In considering an application, the Board must consider the following matters:the measures taken by the applicant to reduce any environmental harm caused by, or likely to be caused by, the environmentally relevant activity; the applicant's history of compliance with any provision of the Act or these regulations; whether or not the applicant has substantially complied with any conditions imposed in respect of the LUPAA permit, the order or environment protection notice to which the variable fee relates; any other matter that the Board considers appropriate.

Within 14 days after determining an application, the Board, by notice in writing provided to the applicant, is to notify the applicant of the following:whether it has granted or refused to grant the exemption; the day on which the exemption takes effect; the period during which the exemption has effect; the conditions, if any, that are imposed on the exemption.

The Board may vary or revoke an exemption granted under subregulation (3) if the Board considers it appropriate to do so.

Within 14 days after varying or revoking an exemption, the Board is to provide notice in writing of the variation or revocation to the person granted the exemption.

Notice of the variation or revocation of an exemption is to specify – the details of the variation or revocation; and the day on which the variation or revocation takes effect; and for a notice of the revocation of an exemption, the period during which the person may not re-apply for the exemption to which the revocation relates.