Regulation 8 Assumption of liability

(1)

A person may agree to assume levy liability by giving notice in writing (an “assumption of liability notice”) to Natural England.

(2)

An assumption of liability notice must include—

(a)

details of the relevant development;

(b)

the unique reference number issued by Natural England for the request to pay;

(c)

details of each person who is agreeing to assume levy liability in the notice to allow for effective enforcement of the levy;

(d)

a declaration from each person who is agreeing to assume levy liability in the notice confirming that they are doing so.

(3)

A person who agrees to assume levy liability by an assumption of liability notice is a liable person.

(4)

An assumption of liability notice takes effect when it is received by Natural England.

(5)

But an assumption of liability notice has no effect if it is received by Natural England before—

(a)

the request to pay is accepted by Natural England;

(b)

if the relevant development is, or is to be, authorised by planning permission, planning permission is granted for the relevant development;

(c)

if the relevant development is subject to prior approval—

(i)

approval is given,

(ii)

a determination is given that approval is not required, or

(iii)

approval is deemed to be given;

(d)

if the relevant development—

(i)

began before Natural England accepted the request to pay, and

(ii)

requires 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 would apply,

the first such consent, permission or other authorisation is given.