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A decision made 15 April 2016:

Decision Reference: MD-PE-2016-0060
Decision Summary Title:	Non-payment of the surrender fee for waste management licence WML033 held by Turill Ltd for Field 665 St Lawrence		Date of Decision Summary:	2016-04-14
Decision Summary Author:	Head of Waste Regulation		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Non-payment of the surrender fee for waste management licence WML033 held by Turill Ltd for Field 665 St Lawrence		Date of Written Report:
Written Report Author:	Head of Waste Regulation.		Written Report : Public or Exempt?	Public
Subject: Non-payment of the surrender fee for waste management licence held by Turill Ltd for Field 665 St Lawrence.
Decision: The Minister for the Environment approved the non-payment of the surrender fee for the licence.
Reason(s) for Decision: The deposit of waste requiring a licence was delayed until and completed in November 2015. Annual subsistence fees totalling £5,015 have been received for the subsistence of the licence since its issue in May 2014. The licence surrender process requires no additional work by the Department.
Resource Implications:- None
Action required: Head of Waste Regulation to grant the surrender of the licence. The Treasury is requested to cancel the invoice for the 2016 annual subsistence fee.
Signature: Deputy S Luce		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):

Waste Management Licence - Field 665, St. Lawrence: Turill Limited: Non Payment of Surrender Fee

DEPARTMENT OF THE ENVIRONMENT

Waste Management (Jersey) Law 2005

Purpose of the Report

The Minister for the Environment is requested to approve the non-payment of the surrender fee for waste management licence WML033 held by Turill Ltd for the site at Field 665 St Lawrence.

Background

A fee to surrender a waste management licence is prescribed under Article 106 of the Waste Management (Jersey) Law 2005 and the Waste Management (Fees) (Jersey) Order 2008 as amended by the Planning and Environment (2016 Fees) (Jersey) Order 2015.

The licence held by Turill Ltd is a low regulatory requirement licence and the surrender fee is £1,384.

Details

Turill Ltd are the holder of a waste management licence, reference WML033 for a site at Field 665, Les Cypres Mews, La Rue de la Ville Emphrie, St Lawrence, JE3 1EF. The licence was issued in May 2014 to authorise the deposit of approximately 10,000 cubic metres of waste shale from a slope stabilisation work adjacent to residential properties. The deposit of material at the site was a disposal activity which required a waste management licence to be in force and a licence was applied for by Turill Ltd in January 2014. The application fee of £1318 was paid.

The work was carried out under a planning permit P/2013/0688 for remedial stabilisation work to Field 732, existing rock face and ground remodelling. Replant woodland to field 665.

The pro rata 2014 annual subsistence fee of £1,819 was paid when the licence was issued in May 2014. The slope stabilisation work was not carried out in 2014 as intended and was delayed until 2015 with completion in November 2015. The full year’s annual subsistence fee of £3,196 was paid for 2015.

Waste management licences remain in force until they are surrendered by the licence holder. A low regulatory requirement site such as this requires a surrender fee of £1,384. The fee is to cover the costs of any work by the Department in assessing the likelihood that environmental problems may occur in the future as a consequence of the activities which have been authorised by the licence.

Turill Ltd have completed an application form to surrender the licence and wrote to the Department on 23/03/2016 requesting that the annual fee for 2016 be cancelled, that the 2015 annual fee be refunded for 2 months and that the surrender fee is cancelled or at least reduced. The deposit of the shale at the site does not have any longer term environmental issues such as monitoring and the application to surrender the licence can be granted.

Recommendation

In view of the delay in the works being carried out, a total of £5,015 having been paid in annual fees for 2014/2015 and no further work needing to be carried out by the Department in order to grant the surrender application, it is recommended that the requirement to pay a fee for the surrender of the licence is waived and no refunds be given.

Written by:	Head of Waste Regulation

Approved by:	Director for Environment / Deputy Chief Officer

Ministerial Decision Case Ref: MD-PE-2016-0060