Regulation 16 Failure to assume liability

(1)

Natural England must impose levy liability on the owners of the land where—

(a)

the relevant development is authorised by planning permission,

(b)

Condition A or B applies, and

(c)

no person has assumed levy liability,

unless it considers that to do so would result in substantial injustice (and see regulation 35 which provides for a surcharge to be imposed).

(2)

Condition A is that—

(a)

when Natural England accepted the request to pay, the relevant development had not begun, and

(b)

the relevant development has now begun.

(3)

Condition B is that—

(a)

the relevant development began before Natural England accepted the request to pay, and

(b)

the period of 28 days has ended beginning with whichever is later of—

(i)

the day on which the request to pay was accepted, or

(ii)

if the relevant development required a consent, permission or other authorisation which was not in place when Natural England accepted the request to pay and to which a disapplication of an environmental obligation applies, the day on which the first such consent, permission or other authorisation was given.