Regulation 35 Surcharge for failure to assume liability
(1)
Natural England may impose a surcharge where it imposes levy liability under regulation 16 (failure to assume liability).
(2)
But no surcharge may be imposed if the levy amount is less than £1,000.
(3)
The amount of the surcharge is the greater of—
(a)
2% of the levy amount, or
(b)
£300.
(4)
Where there is more than one material interest, a separate surcharge may be imposed for each material interest.
(5)
The surcharge is imposed—
(a)
on the owner of the material interest;
(b)
in respect of the levy amount for the purpose of regulation 38(4).