Environment (Wales) Act 2016

78Further provision about payment of fees

In the Marine and Coastal Access Act 2009, after section 107 insert—

“107ADeposits on account of fees payable to the Welsh Ministers

(1)This section applies where the Welsh Ministers are the appropriate licensing authority.

(2)Where a person is required to pay a fee to the licensing authority under this Part, the licensing authority may require the person to pay a deposit on account of the fee.

(3)The amount that a person may be required to pay under subsection (2) is to be determined by or in accordance with regulations made by the licensing authority.

(4)If a licensee fails to comply with a requirement to pay a deposit charged under subsection (2) on account of a fee charged under section 72A(2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence.

(5)The suspension of a licence under subsection (4) continues in effect until the deposit is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection).

(6)If a person who has applied for a licence under section 67 or for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a deposit charged under subsection (2) in connection with that application, the licensing authority may—

(a)refuse to proceed with the application, or

(b)refuse to proceed with it until the failure is remedied.

107BSupplementary provision about fees payable to the Welsh Ministers

(1)This section applies where the Welsh Ministers are the appropriate licensing authority.

(2)When making provision under section 67(2) or 72A(4) about fees payable in respect of a type of application to the licensing authority or in respect of an activity of the licensing authority, the licensing authority must decide what provision to make by reference to the expected costs of dealing with that type of application or of carrying out that activity.

(3)The licensing authority may require a fee charged by it under this Part to be payable in advance of the activity to which the fee relates being carried out.

(4)The licensing authority may waive or reduce a fee.

(5)The licensing authority may by regulations make provision about how and when a fee or deposit charged by it under this Part is to be paid.

(6)A fee or deposit charged under this Part may be recovered by the licensing authority as a civil debt (in addition to any other action that may be taken by the licensing authority).”