Waste Management (Fees) (Jersey) Order 200-.

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A decision made (20/11/2006) regarding Waste Management (Fees) (Jersey) Order 200-.

Subject:	Waste Management (Fees)(Jersey) Order 200-
Decision Reference:	MD-PE-2006-0216		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	ED\15\02\02
Written report – Title	Waste Management (Fees)(Jersey) Order 200-
Written report – Author (name and job title)	William Peggie – Head of Waste Regulation
Decision(s): To make the Waste Management (Fees)(Jersey) Order 200- .
Reason(s) for decision: Article 106 of the The Law states that The Minister may prescribe fees that shall be payable in respect of licence applications, waste carrier registration applications, trans frontier shipment and the internal movement of hazardous and healthcare waste. These will offset the staffing costs of The Regulator on the “User Pays” principle and will be charged on a cost recovery basis. The Treasurer to the States has agreed, on 6th November 2006, the introduction of the fees and charges as described in the Schedule.
Action required: The Greffier of the States to arrange for the Order to be laid before the States. The Order should be signed and sealed by The Minister on the hard copy sent by the Law Draftsman’s office. When the Order has been made, the Director of Environment should arrange for its delivery to Miss Angela Rayson, Publications Editor, States Greffe, Morier House who will arrange for the publication in the Jersey Gazette of the necessary public notice.
Signature: (Minister/ Assistant Minister)		Date of Decision: 20 November 2006

Waste Management (Fees) (Jersey) Order 200-.

PLANNING AND ENVIRONMENT

WASTE MANAGEMENT (FEES)( JERSEY ) ORDER 2006

Public Item

Purpose of the Report

The purpose of this report is to ask the Minister to make the Waste Management (Fees) (Jersey) Order 2006.

Background

Article 106 of the Waste Management (Jersey) Law 2005 (The Law) states that The Minister may prescribe fees that shall be payable in respect of waste management licences, waste carrier registration applications, trans-frontier shipment documentation and the internal movement of hazardous and healthcare wastes.

In further support of this, page 6 of the Report to the Law P.88/2004 (submitted when The Law was adopted by the States on 8th June 2004) states that,

“The staffing cost for the Regulator will be offset by charges also introduced on the user pays principle”

The user pays principle has therefore already been accepted by The States in this case.

The Treasurer to the States has agreed, on 6th November 2006, the introduction of the fees and charges as described in the Schedule.

Discussion

Table 1 sets out proposed prescribed fees for the range of these chargeable services which have been calculated using the rate of £50.40 per hour. This rate reflects the “charging out” costs (on a cost recovery basis) of the Head of Waste Regulation, who will undertake the administrative requirements of The Law.

The breakdown of this rate is outlined in Table 2 and is taken from a table of rates provided by the Human Resources offices of the Planning and Environment Department.

Table 3 shows categories of Regulator input and the proposed fees justified by the number of Regulator hours worked.

It is proposed to charge the fees with a red background in Table 1 at the same time as any application is made and prior to granting a licence. These are “one off” fees. The fees with a blue background are recurrent and will be charged annually either at the beginning of the calendar year, or in two equal portions, one at the beginning of the calendar year and one at the beginning of the third quarter of the calendar year. They are realistically derived using the best approximation of the time that will be required by the Regulator to administer the services.

Bringing The Law into force will comply with Commitment 4.4.1 of the States Strategic Plan. It complies also with the Planning and Environment Business Plan 2006, reference EP6.

Conclusion

It is necessary to bring this Order into force on the same day as the Waste Management (Jersey) Law 2005.

Recommendation

That the Minister makes the Waste Management (Fees) Order 2006 for introduction on the 1st November 2006.

Written by:	William Peggie - Head of Waste Regulation

Approved by:	Chris Newton – Director of Environment

Attachments:

Waste Management (Fees)(Jersey) Order 200-

Decision Summary reference: MD-PE-2006-0216

17th October 2006

Table 1.

Fee Types:	Variables:	Fees £:
Licence Application Fees	High Regulatory Requirement	1870
	Medium Regulatory Requirement	1515
	Low Regulatory Requirement	1135
Licence Subsistence Fees	High Inspection Frequency	10485
	Medium Inspection Frequency	5245
	Low Inspection Frequency	2625
Licence Modification Fees	Significant Modification	760
Licence Modification Fees	Minor Modification	380
Licence Transfer Fees	Blanket Charge	380
Licence Surrender Fees	High Regulatory Requirement	1870
	Medium Regulatory Requirement	1515
	Low Regulatory Requirement	1135
Waste Carriers Registration Fees	£100 Blanket Charge
Transboundary Consignment Notes Fees	£1028 Application Fee + (£93 Shipment Fee x Number of Shipments).
Internal Consignment Note Fees	50p per note.

Table 2.

Hourly Rate Breakdown:	£
Salary	48,796.00
Rate /hr	25.27
Pension @ 15.6%	3.94
Social Security @ 6.5%	1.64
Sub Total	30.86
Absence and Holidays 16.5%	5.09
Total	35.95
Rounded Total	36.00
Add 40% (HR Prescribed)	14.40
Revised Total	50.40

Notes:

The Waste Carriers Registration Fee reflects an approximate requirement of 2 hours for the Waste Regulator to review the proposed carrier’s application and place the letter of approval or refusal on record.

The Transboundary Consignment Note Fees are consistent with those charged by the Environment Agency for England and Wales, which are already paid by waste exporters.

The Internal Consignment Note Fees are charged at the cost of production and no additional charge is made for processing the application.

Table 3

Definitions and Operator Costs:

Terms Used:	Definitions:	Required Hours:	Fee £:
High Regulatory Requirement.	The high administrative requirement by The Regulator relating to applications in respect of complex facilities or sites having significant pollution potential or sensitive receptors.	37	1870
Medium Regulatory Requirement.	The reduced administrative requirement by The Regulator relating to applications in respect of facilities with reduced pollution potential but where receptors are still present and where a detailed considered application is still required.	30	1515
Low Regulatory Requirement.	The low administrative requirement by The Regulator relating to applications in respect of facilities where the volume of material handled and the potential environmental risks from the site operation are low.	22.5	1135
High Inspection Frequency.	Sites requiring an inspection regime of one visit per week and the completion of follow up paperwork.	208	10485
Medium Inspection Frequency.	Sites requiring an inspection regime of one visit per fortnight and the completion of follow up paperwork.	104	5245
Low Inspection Frequency.	Sites requiring an inspection regime of one visit per month and the completion of follow up paperwork.	52	2625
Significant Modification.	A modification to the Waste Management Licence involving material change to the operation.	15	760
Minor Modification.	A modification to the Waste Management Licence involving changes to the text of a Waste Management Licence to more closely reflect the true operational practices.	7.5	380