Hazardous Substances and New Organisms Act 1996

21 Charges

• (1) The Authority may from time to time—

  • (a) Fix the charges—

    • (i) On a scale of charges for exercising or performing any function, power, or duty under this Act; or

    • (ii) Based on the time involved in exercising or performing any function, power, or duty under this Act—

    so as to recover the actual and reasonable costs incurred in the exercise of that function, power, or duty; and

  • (b) Specify the persons liable to pay the charge.

  (2) Before any charges are fixed pursuant to subsection (1) of this section, the Authority shall—

  • (a) Publicly notify the charges it proposes to fix and the persons who are liable to pay the charge; and

  • (b) Allow such period of time as the Authority thinks fit for any person who may be liable to pay the proposed charge to comment in writing to the Authority on whether or not the proposed charges are reasonable; and

  • (c) Consider any comments received in accordance with paragraph (b) of this subsection.

  (3) The Authority shall, after fixing any charges in accordance with this section, publicly notify the charges.

  (4) Where the Authority fixes a scale of charges or a charge based on time, the Authority shall provide an estimate of the full charge payable by any person upon request by that person.

  (5) Any charge payable under this section by any person in respect of the completed exercise or performance of any function, power, or duty by the Authority shall, until paid in full and remitted to the Authority, constitute a debt due to the Authority, and may be recovered in any Court of competent jurisdiction.