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Section 41C: Charging schemes in respect of abstraction and impounding licences: cross-border arrangements

Environment Act 1995 · 1995 c. 25View on legislation.gov.uk

Part I: The Environment Agency and the Scottish Environment Protection Agency — Chapter III: Miscellaneous, General and Supplemental Provisions Relating to the New Agencies and the Natural Resources Body for Wales

An appropriate agency may not make or revise a relevant charging scheme unless it has—

notified the other appropriate agency of its proposal; and
had regard to any information provided by the other appropriate agency relating to costs or expenses—
which the other appropriate agency has incurred or expects to incur, and
in respect of which the other appropriate agency considers that the relevant charging scheme should make provision.

Subsection (1) does not apply to a joint charging scheme made in accordance with section 41B.

An appropriate agency may not, without the consent of the other appropriate agency, enter into any agreement, or any variation of an agreement, as a result of which it will be liable to incur costs or expenses—

in respect of which it would expect a relevant charging scheme made by the other appropriate agency (or by both of the appropriate agencies acting jointly) to make provision; and
which would, if an existing relevant charging scheme were revised to make provision for the purpose of recovering the amount required to meet those costs or expenses in full, result in a significant increase in the charges payable under that charging scheme.

Either appropriate agency may refer the question of whether consent should be given for the purposes of subsection (3) for determination by the Secretary of State and the Welsh Ministers acting jointly.

The Secretary of State and the Welsh Ministers, acting jointly—

may give guidance to the appropriate agencies as to the exercise of the appropriate agencies' functions under this section;
must arrange for any guidance given under this subsection to be published in such manner as they consider appropriate.

The appropriate agencies must have regard to any guidance given under subsection (5).

In this section, "relevant charging scheme" means a charging scheme under section 41 which relates to any extent to licences granted under Chapter II of Part II of the 1991 Act in respect of abstractions from, or impounding of, waters in the catchment areas of the rivers Dee, Wye and Severn.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.