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FEES. Amendments to the marine fee licensing structure from April 2011 under the MCA Act. Background. MCA Act 2009 will replace FEPA with respect to marine licensing Comes into effect on the 1 st April 2011 through a Commencement order drafted by DEFRA
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FEES Amendments to the marine fee licensing structure from April 2011 under the MCA Act
Background • MCA Act 2009 will replace FEPA with respect to marine licensing • Comes into effect on the 1st April 2011 through a Commencement order drafted by DEFRA • Section 67 of MCA Act allows for a fee to be charged in accordance with Regulations made by the licensing authority (DOE).
Why Increase Fees and Amend the Existing Fee Structure? • To meet the inflationary pressures of the costs of administration and regulatory enforcement • To meet the needs of the new regulatory regime
Fee Levels • The DOE and NIEA are required by the DFPNI policy document ‘Managing Public Money Northern Ireland (June 2008)’ to achieve ‘full cost recovery’
Fee LevelsMain Points of NIEA’s Charging Policy (April 2010 – March 2013) • NIEA is required to achieve full cost recovery • Charging is applied only to the function to which it relates • Consultation is required where substantial changes take place in existing schemes
Fee LevelsMain Points of NIEA’s Charging Policy (April 2010 – March 2013) • It was decided to use the GDP deflator to obtain the inflationary figure to amend fees each financial year
Fee Increases • April 2010 – Fees were to be increased by 2.25%. This was delayed and will be applied in October 2010. • Fees will be increased by the GDP deflator value in April 2011 for the next financial year.
Fee StructureGeneral Points • Basic FEPA fee structure was retained with amendments and additions. • A single application form to be used with applicants completing the relevant parts and paying the fees associated with those parts. • Restructuring of fees to reflect regulatory effort (will not affect the overall amount of fee to be paid).
Proposed Fee Categories for Marine Licensing • Marine Construction • Maintenance Dredging • Capital Dredging • Capital Dredge Disposal • Maintenance Dredge Disposal • Deposits (Tracer Dyes, Biocides etc) • Marine Minerals Extraction • Marine Renewable Energy Projects
Marine ConstructionChanges Weighting of fee structure to reflect regulatory effort. Addition of a site sensitivity supplement.
Maintenance DredgingChanges • Totally new licence fee. • Section 75 of MCA Act allows for Exemptions. • Development of fee table to reflect nature of applicants.
Capital DredgingChanges • Totally new licence fee. • The associated fee table has more bands to reflect the higher quantities of materials usually dredged during this activity. • The fees themselves are greater than those associated with the equivalent maintenance dredging tonnages (band). This reflects the greater regulatory effort needed to assess the licence application.
Capital and Maintenance Dredge DisposalChanges Weighting of fee structure to reflect regulatory effort Existing structure under FEPA remains largely unaffected
Deposits (Tracers, dyes & biocides) • Small change in the weighting of the fee structure to reflect regulatory effort
Marine Mineral ExtractionChanges • No Changes to the fee structure or level beyond that required by the GDP deflator. • Legislation controlling this activity is to be amended when brought under the control of the MCA Act
Marine Renewable Energy ProjectsChanges • Method of measurement changed • Additional band added. • Site sensitivity supplement modified. • All applications are for permanent works. Temporary aspect removed from table. • Weighting of fee structure to reflect regulatory effort.
Variation of a Licence Fee • Variations will now be charged at 25% of the original combined determination and issue fees