LegalizeThe Plant Health (Fees) (Forestry) Regulations 2006
Made: 10th October 2006
Laid before Parliament: 13th October 2006
Coming into force: 6th November 2006
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Title and commencement
1
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Interpretation
2
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Fees
3
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Revocations
4
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SCHEDULE 1 — Fees for inspections related to an authority
| Inspections | Fee | (Previous fee) |
|---|---|---|
| Inspection and associated activities (including travel and office time) in connection with the granting, variation or suspension of an authority or for monitoring compliance with that authority— | ||
| up to and including the first hour | £37 | (£27) |
| thereafter, for each additional 15 minutes or part thereof | £9.25 | (£10 for each 30 minutes or part thereof) |
SCHEDULE 2 — Fees in connection with applications and for inspections related to a licence
| Item | Type of application or inspection | Fee | (Previous fee) |
|---|---|---|---|
| 1 | Application for a licence | £305 | (£305) |
| 2 | Application for extension or variation of a licence with changes requiring scientific or technical assessment | £100 | (£100) |
| 3 | Application for extension of a licence with no changes or for extension or variation of a licence with changes requiring no scientific or technical assessment | £12 | (£12) |
| 4 | Inspection and associated activities (including travelling and office time) in connection with item 1, 2 or 3 or for monitoring compliance with licence terms and conditions— | ||
| up to and including the first hour | £37 | (£27) | |
| thereafter, for each additional 15 minutes or part thereof | £9.25 | (£10 for each 30 minutes or part thereof) |
SCHEDULENonBreakingSpace3 — Fees for Plant Health Checks
| Item | Check | Unit | Fee |
|---|---|---|---|
| 1 | Isolated bark, wood shavings, wood chips or sawdust | Per consignment | Per consignment |
| up to 25000kg | £31.20 | ||
| for each additional 1000kg or part thereof | £0.49 | ||
| Up to a maximum fee of £98 per consignment | |||
| 2 | Wood (other than wood in the form of shavings, chips or sawdust) | Per consignment | Per consignment |
| up to 100m³ | £31.20 | ||
| for each additional m³ or part thereof | £0.25 | ||
| 3 | Conducting checks on item 1 or 2 at an approved place of inspection | Per visit | £30, in addition to any fee under item 1 or 2 |
SCHEDULENonBreakingSpace4 — Fees for Documentary Checks and Identity Checks
| Item | Check | Unit | Fee |
|---|---|---|---|
| 1 | Documentary check | Per consignment | £7.20 |
| 2 | Identity check | Per consignment | Per consignment |
| for each load of up to 30m³ forming part of the consignment contained in one truck, railway wagon, or comparable container | £7.20 | ||
| for each bulk load of less than 100m³ | £7.20 | ||
| for each bulk load of 100m³ or more | £14.40 |
SCHEDULE 5 — Fees for the carrying out or monitoring of remedial work
| Remedial work | Fee | (Previous fee) |
|---|---|---|
| The carrying out or monitoring by an inspector of any remedial work, and associated activities (including travelling and office time)— | ||
| up to and including the first hour | £37 | (£27) |
| thereafter, for each additional 15 minutes or part thereof | £9.25 | (£10 for each 30 minutes or part thereof) |
Signed
Sealed with the official seal of the Forestry Commissioners on 10th October 2006
Wilma Harper — Secretary to the Forestry Commissioners — 2006-10-10
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations revoke and replace the Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996 (S.I. 1996/2291) (“the 1996 Regulations”), and implement Article 13d of Council Directive 2000/29/EC of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No. L 169, 10.7.00, p.1) (“the Directive”). Article 13d of the Directive was introduced by Council Directive 2002/89/EC of 28th November 2002 amending Directive 2002/29/EC (OJ No. L 355, 30.12.2002, p.45). The Directive requires member States to charge fees to cover the costs occasioned by the documentary checks, identity checks and plant health checks of certain imports of plants, plant products or other objects from third countries.
These Regulations require the fee specified in Schedule 1 to be paid to the Forestry Commissioners for inspections carried out in relation to the grant, variation or suspension of, or the monitoring of compliance with, an authority to issue plant passports (regulation 3(2)). These fees have been increased from the 1996 Regulations.
These Regulations require the fee specified in Schedule 2 to be paid in connection with applications and for inspections carried out in relation to the grant, extension or variation of, or the monitoring of compliance with, a licence to do things that would otherwise be prohibited by the Plant Health (Forestry) Order 2005 (S.I. 2005/2517). The fees for applications remain the same as in the 1996 Regulations; the fees for related inspections have been increased.
An importer is required to pay, in respect of consignments to which regulation 3(6) applies, the fees specified in Schedule 3 for plant health checks and the fees specified in Schedule 4 for documentary checks and identity checks that are carried out on those consignments (regulation 3(4)).
The 1996 Regulations included fees for plant health checks (at a rate of 14 pence per cubic metre, with a minimum fee of £11.50 per inspection), but did not make a separate charge for documentary checks and identity checks. Some categories of wood and wood products that were not subject to a requirement to pay fees under the 1996 Regulations are now chargeable. Some categories of wood from certain countries that were chargeable under the 1996 Regulations are no longer chargeable.
These Regulations also require a person to pay the fee specified in Schedule 5 in respect of any remedial work carried out or monitored by an inspector in accordance with the provisions in the Plant Health (Forestry) Order 2005 relating to a consignment to which regulation 3(6) applies (regulation 3(5)). These fees have been increased from the 1996 Regulations.
A full regulatory impact assessment has been prepared and placed in the Library of each House of Parliament. Copies can be obtained from the Forestry Commission, 231 Corstorphine Road, Edinburgh, EH12 7AT.
Footnotes
[^f00001]: Regulation 2(1) of, and the Schedule to, the European Communities (Designation) Order 1996, S.I. 1996/266. See section 2(1) of, and Schedule 1 to, the Forestry Act 1967 (c. 10) for details of the constitution of the Forestry Commissioners.
[^f00002]: 1972 c. 68.
[^f00003]: OJ No. L 169, 10.7.2000, p1.
[^f00004]: OJ No. L 88, 25.3.2006, p12.
[^f00005]: S.I. 2005/2517.
[^f00006]: S.I. 1996/2291, amended by S.I. 1997/655 and S.I. 1999/783.
[^f00007]: S.I. 1997/655.
[^f00008]: S.I. 1999/783.
SCHEDULENonBreakingSpace3A — Reduced Rate Plant Health Check Fees
| Genus | Quantity | Country of origin | Fee |
|---|---|---|---|
| Acer saccharum | Per consignment | Per consignment | Per consignment |
| Acer saccharum | up to 100m³ | Canada | £23.40 |
| Acer saccharum | for each additional m³ or part thereof | Canada | £0.20 |
Editorial notes
[^key-090538a1afe6533f773252d624e4a517]: Regulations revoked (E.S) (6.4.2015) by The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (S.I. 2015/350), regs. 1(b), 4(a) Regulations revoked (W.) (28.3.2019) by The Plant Health (Fees) (Forestry) (Wales) Regulations 2019 (S.I. 2019/497), regs. 1(3), 4(a)
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