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Contents (2009 - 211)
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Protection of the Environment Operations (General) Regulation 2009
Current version for 1 September 2019 to date (accessed 20 September 2019 at 16:17)
32   Amounts payable on termination or expiration
(1)  A licence holder who is party to a load reduction agreement that expires or is terminated—
(a)  is not liable to pay an amount on expiry or termination in respect of an assessable pollutant if the reported load for the immediately preceding licence fee period did not exceed the agreed load for the pollutant under the agreement, or
(b)  must pay to the EPA the amounts calculated in accordance with this clause if the reported load for the immediately preceding licence fee period exceeded the agreed load for the pollutant under the agreement.
(2)  The amounts payable on termination or expiration are as follows—
(a)  for any licence fee period during the agreement in which the reported load exceeded the agreed load, the difference between the fee that would have been payable for that period if the load had been equal to the agreed load under the agreement and the fee that would have been payable for that period but for the agreement,
(b)  for any licence fee period during the agreement in which the reported load for the pollutant did not exceed the agreed load, no amount is payable,
(c)  the amount of simple interest on an amount payable under this subclause calculated at the rate of 20 per cent per annum from the date that is 60 days after the end of each licence fee period concerned.
(3)  Subclause (1) does not apply with respect to a load reduction agreement entered into before the commencement of this Regulation.
Note.
 In relation to load reduction agreements entered into before the commencement of this Regulation, see clause 7 of Schedule 8.