|
CLAUSE 22: RESPONSIBILITY FOR EXPLOITATION OF AGGREGATE
SUMMARY
1.
This clause sets out who shall be taken to be responsible for the
exploitation of aggregate under different circumstances and hence
who shall be charged with the levy under those circumstances.
DETAILS OF THE CLAUSE
2.
Subsection (1) sets out the persons who shall be responsible
for exploitation of aggregate in six different circumstances. These
are:
(a) the operator of the site when aggregate is removed
from its originating site or from a connected site;
(b) the operator
of the site and (if different) the owner of the aggregate at the
time of its removal when aggregate is removed from a site to which
it was taken to have an exempt process applied to it but where no
such process was applied;
(c) the
person agreeing to supply the aggregate or the person using it for
construction purposes when aggregate which is not on its
originating site or a connected site is subjected to any agreement
to supply it or is used for construction purposes;
(d) the
same person as in (c) above and, if different, the operator of the
site when aggregate which is on its originating site or a
connected site is subjected to any agreement to supply it or is
used for construction purposes;
(e) the
owner of the aggregate at the time when mixing takes place and the
occupier of the premises where it takes place when aggregate is
mixed with any material at a site which is not its originating
site or a connected site;
(f) the
owner of the aggregate at the time when the mixing takes place and,
if different, the operator of the site when aggregate is mixed with
any material at a site which is its originating site or a
connected site.
3.
Subsection (2) provides that for the exploitation to be commercial
exploitation, it must take place in the course or furtherance of
a business carried on by the person responsible for the exploitation.
4.
Subsection (3) provides that, where more than one person is
charged with the levy, their liability shall be joint and several.
5.
Subsection (4) defines “connected site” as a site registered
under the name of the person who is the operator of the originating
site.
|
