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The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
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- Wales Statutory Instruments
- 2009 No. 995 (W. 81)
- PART 4
- Regulation 27
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Costs recoverable from owner to be a charge on premises
27.—(1) Where any costs are recoverable under these Regulations by an enforcing authority from a person who is the owner of premises and the enforcing authority serves a notice on that person under this regulation—
(a)the costs carry interest, at such reasonable rate as the authority may determine, from the date of service of the notice until the whole amount is paid; and
(b)subject to the following, the costs and accrued interest are a charge on the premises.
(2) A notice served under this regulation must—
(a)specify the amount of the costs that the enforcing authority claims is recoverable;
(b)state the effect of paragraph (1) and the rate of interest determined by the enforcing authority under that paragraph; and
(c)state the effect of paragraphs (4) to (6).
(3) On the date on which an enforcing authority serves a notice on a person under this regulation the authority must also serve a copy of the notice on every other person who, to the knowledge of the authority, has an interest in the premises capable of being affected by the charge.
(4) Subject to any order under paragraph (7)(b) or (c) below, the amount of any costs specified in a notice under this regulation and the accrued interest is a charge on the premises—
(a)as from the end of the period of 21 days beginning with the date of service of the notice, or
(b)where an appeal is brought under paragraph (6), as from the final determination of the appeal,
until the costs and interest are recovered.
(5) For the purposes of paragraph (4), the withdrawal of an appeal has the same effect as a final determination of the appeal.
(6) A person served with a notice or copy of a notice under this regulation may appeal against the notice to the county court within the period of 21 days beginning with the date of service.
(7) On such an appeal the court may—
(a)confirm the notice without modification;
(b)order that the notice is to have effect with the substitution of a different amount for the amount originally specified in it; or
(c)order that the notice is to be of no effect.
(8) An enforcing authority has, for the purpose of enforcing a charge under this regulation, all the same powers and remedies under the Law of Property Act 1925 M1, and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
(9) In this regulation, “owner” (“perchennog”), in relation to any premises, means a person (other than a mortgagee not in possession) who, whether in that person's own right or as trustee for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let.
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