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Regulation 51 Costs recovery notices

(1)

SEPA may serve a notice on a person specified in paragraph (2) requiring that person to pay the costs necessarily incurred by SEPA in relation to F1—

(a)

a regulatory notice,

(b)

a revocation notice,

(c)

steps taken by SEPA, or arrangements made by SEPA for steps to be taken, under regulation 62,

up to the time of service of the notice (a “costs recovery notice”) under this regulation.

(2)

The persons specified are—

(a)

a person on whom a regulatory notice has been served F2or to whom the duty to comply with the notice has transferred as a result of regulation 28(2),

(b)

a person on whom a revocation notice has been servedF3or to whom the duty to comply with the notice has transferred as a result of regulation 29(5),

(c)

where SEPA takes steps, or arranges for steps to be taken, to remove or reduce a risk of significant environmental harm under regulation 62(1), the authorised person;

F4(d)

where SEPA takes steps, or arranges for steps to be taken, under regulation 62(2) or (3)—

(i)

the person on whom the regulatory notice, surrender notice or revocation notice was served,

(ii)

the person who would have been served with the regulatory notice, surrender notice or revocation notice, or

(iii)

the person to whom a duty to comply with the regulatory notice, surrender notice or revocation notice has transferred under regulation 28(2) or 29(5).

(3)

In this regulation, “costs” include—

(a)

investigation costs (including the costs of monitoring the environment to determine the harm to which the notice relates);

(b)

costs incurred by SEPA in taking steps, or arranging for steps to be taken, under regulation 62 (including any compensation paid to the grantors of any rights as were necessary for SEPA to take the steps, or arrange for the steps to be taken);

(c)

administration costs; and

(d)

costs of obtaining expert advice (including legal advice).

(4)

The costs recovery notice must specify—

(a)

the amount required to be paid;

(b)

how payment may be made;

(c)

the period within which payment must be made;

(d)

that SEPA may be required to provide a detailed breakdown of the amount (unless such a breakdown is provided by SEPA with the notice itself);

(e)

the rights of appeal; and

(f)

the consequences of non-payment as set out in regulation 53.

(5)

The person on whom the notice is served may require SEPA to provide a detailed breakdown of the amount required to be paid (unless such a breakdown has already been provided).

(6)

SEPA must take such steps as are reasonable to ensure that the detailed breakdown is sent to the person requesting it within a period of 21 days beginning with the date of the request.

Annotations

Textual amendments

F1

Words in reg. 51(1) substituted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 23(a) (with sch. 23)

F2

Words in reg. 51(2)(a) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 23(b)(i) (with sch. 23)

F3

Words in reg. 51(2)(b) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 23(b)(ii) (with sch. 23)

F4

Reg. 51(2)(d) substituted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 23(b)(iii) (with sch. 23)