9Exemptions from variable fees on application of person

9 Exemptions from variable fees on application of person

(1)  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.

(2)  An application is to –

(a) be made not less than 90 days before the next 12-month anniversary of –

(i) the day on which the LUPAA permit to which the variable fee relates was granted or taken to have been granted; or

(ii) the making of the order under the State Policies and Projects Act 1993 to which the variable fee relates; or

(iii) the day on which the environment protection notice to which the variable fee relates was served; and

(b) be in a form approved by the Board; and

(c) be accompanied by any documents that the Board considers appropriate; and

(d) contain any additional information that the Board considers appropriate.

(3)  On receipt of an application, the Board may –

(a) refuse to grant the exemption; or

(b) grant the exemption with or without any conditions that the Board considers appropriate.

(4)  In considering an application, the Board must consider the following matters:

(a) the measures taken by the applicant to reduce any environmental harm caused by, or likely to be caused by, the environmentally relevant activity;

(b) the applicant's history of compliance with any provision of the Act or these regulations;

(c) 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;