Draft Regulations laid before Parliament under section 62 of the Regulatory Enforcement and Sanctions Act 2008 and section 93(10) of the Environment Act 1995, for approval by resolution of each House of Parliament.
2010 No.
The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010
Made
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by—
section 62 of the Regulatory Enforcement and Sanctions Act 20081;
sections 92 and 219(2) of the Water Resources Act 19912;
sections 93, 94 and 95 of the Environment Act 19953 (in accordance with section 93(2) of that Act the Secretary of State has consulted such bodies and persons appearing to be representative of bodies or persons whose interests are, or are likely to be substantially affected by these Regulations; the Secretary of State is satisfied, pursuant to section 93(3) of that Act, as to the matters specified in section 93(6) of that Act; and the Secretary of State exercises this power in the manner considered best calculated to secure that it does not have the effect of restricting, distorting or preventing competition in accordance with section 93(7) of that Act);
section 2(2) of the European Communities Act 19724 (the Secretary of State is designated for the purposes of that Act in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste5, measures relating to the prevention, reduction and elimination of pollution caused by waste 6 and in relation to the environment)7.
In accordance with section 66 of the Regulatory Enforcement and Sanctions Act 2008 the Secretary of State is satisfied that the Environment Agency and Natural England will act in accordance with the principles referred to in section 5(2) of that Act in exercising the powers in these Regulations.
A draft of this instrument has been approved by a resolution of each House of Parliament pursuant to section 62 of the Regulatory Enforcement and Sanctions Act 2008 and section 93(10) of the Environment Act 1995.
Citation application and commencement1
These Regulations may be cited as the Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010; they apply in England and come into force on 6th April 2010.
Amendment to the Sludge (Use in Agriculture) Regulations 19892
The Sludge (Use in Agriculture) Regulations 1989 8 are amended by inserting the following after regulation 9—
Civil sanctions10
1
The Environment Agency may impose a fixed monetary penalty, variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9 for contravening a provision in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Provision of these Regulations
Fixed monetary penalty
Variable monetary penalty
Restoration notice
Compliance notice
Stop notice
Enforcement undertaking
regulation 3
No
Yes
Yes
Yes
Yes
Yes
regulation 4
Yes
Yes
No
No
Yes
Yes
regulation 5
Yes
Yes
No
No
No
Yes
regulation 6(1)
No
Yes
No
Yes
No
Yes
regulation 7(1)
No
Yes
No
Yes
No
Yes
regulation 7(2)
Yes
Yes
No
Yes
No
Yes
regulation 8(3)(a)
No
Yes
No
No
Yes
Yes
regulation 8(3)(b)
No
Yes
Yes
No
Yes
Yes
regulation 8(4)
No
Yes
Yes
No
Yes
Yes
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
4
This regulation applies only in England.
Amendment to the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 20003
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 20009 are amended by inserting the following after regulation 13—
Civil sanctions13A
1
The Environment Agency may impose a fixed monetary penalty, variable monetary penalty or compliance notice, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Offence under these Regulations
Fixed monetary penalty
Variable monetary penalty
Compliance notice
Enforcement undertaking
regulation 13(1)
Yes
Yes
Yes
Yes
regulation 13(2)(a)
Yes
Yes
Yes
Yes
regulation 13(2)(b)
Yes
Yes
No
Yes
regulation 13(2)(c)(i)
Yes
Yes
No
Yes
regulation 13(2)(c)(ii)
Yes
Yes
No
Yes
regulation 13(2)(c)(iii)
Yes
Yes
No
Yes
regulation 13(3)
Yes
Yes
No
Yes
regulation 13(4)(a)
No
Yes
No
No
regulation 13(4)(b)
No
Yes
No
No
regulation 13(4)(c)
No
Yes
No
No
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
4
This regulation applies only in England.
Amendment to the Control of Pollution (Oil Storage) (England) Regulations 20014
The Control of Pollution (Oil Storage) (England) Regulations 200110 are amended by adding after regulation 9—
Civil sanctions10
1
The Environment Agency may impose a fixed monetary penalty, variable monetary penalty, restoration notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9 as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
Amendment to the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 20035
The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 200311 are amended by inserting the following after regulation 9—
Civil sanctions9A
1
The Environment Agency may impose a variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9(4) as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
4
This regulation applies only in England.
Amendment to the Hazardous Waste (England and Wales) Regulations 20056
The Hazardous Waste (England and Wales) Regulations 200512 are amended by inserting the following after regulation 65—
Civil sanctions65A
1
The Environment Agency may impose a variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 68 or under regulation 65 for a failure to comply with a provision in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Offence under these Regulations
Variable monetary penalty
Restoration notice
Compliance notice
Stop notice
Enforcement undertaking
regulation 19
Yes
Yes
Yes
Yes
Yes
regulation 20
Yes
Yes
Yes
Yes
Yes
regulation 22
Yes
No
No
No
Yes
regulation 34
Yes
No
Yes
No
Yes
regulations 35 to 44
Yes
No
Yes
No
Yes
regulation 46 and Schedule 7
Yes
No
Yes
No
Yes
regulation 47
Yes
No
Yes
No
Yes
regulation 48
Yes
No
Yes
No
Yes
regulation 49
Yes
No
Yes
No
Yes
regulation 50
Yes
No
Yes
No
Yes
regulation 51
Yes
No
Yes
No
Yes
regulation 53
Yes
No
No
No
Yes
regulation 54
Yes
No
No
No
Yes
regulation 55
Yes
No
No
No
No
regulation 62
Yes
Yes
Yes
Yes
No
regulation 68
Yes
No
No
No
No
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
4
This regulation applies only in England.
Amendment to the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 20067
The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 200613 are amended by inserting the following after regulation 30—
Civil sanctions30A
1
Natural England may impose a fixed monetary penalty or variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Offence under these Regulations
Fixed monetary penalty
Variable monetary penalty
Enforcement undertaking
regulation 22(1)
Yes
Yes
Yes
regulation 23
Yes
Yes
Yes
regulation 24(1)
No
Yes
No
regulation 26(1)
No
Yes
No
regulation 30(8)
No
Yes
No
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 20078
The Producer Responsibility Obligations (Packaging Waste) Regulations 200714 are amended by inserting the following after regulation 40—
Civil sanctions40A
1
The Environment Agency may impose a fixed monetary penalty or variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Offence under these Regulations
Fixed monetary penalty
Variable monetary penalty
Enforcement undertaking
regulation 40(1)(a)
Yes
Yes
Yes
regulation 40(1)(b)
No
Yes
Yes
regulation 40(1)(c)
Yes
No
No
regulation 40(3)
No
Yes
Yes
regulation 40(7)
No
Yes
No
regulation 40(8)(a)
No
Yes
Yes
regulation 40(8)(b)
Yes
No
No
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of those Regulations.
4
This regulation applies only in England.
Amendment to the Transfrontier Shipment of Waste Regulations 20079
The Transfrontier Shipment of Waste Regulations 200715 are amended by inserting the following after regulation 59—
Civil sanctions59A
1
The Environment Agency may impose a variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
Table of civil sanctions
Offence under these Regulations
Variable monetary penalty
Enforcement undertaking
regulation 17
Yes
Yes
regulation 18
Yes
Yes
regulation 19(2)
Yes
Yes
regulation 19(3)
Yes
Yes
regulation 20(2)
Yes
Yes
regulation 21
Yes
Yes
regulation 22(2)
Yes
Yes
regulation 23
Yes
Yes
regulation 24(2)
Yes
Yes
regulation 25
Yes
Yes
regulation 26
Yes
Yes
regulation 27(2)
Yes
Yes
regulation 28
Yes
Yes
regulation 29(2)
Yes
Yes
regulation 30(2)
Yes
Yes
regulation 31
Yes
Yes
regulation 32(2)
Yes
Yes
regulation 33(2)
Yes
Yes
regulation 34(2)
Yes
Yes
regulation 35(2)
Yes
Yes
regulation 36
Yes
Yes
regulation 37(2)
Yes
Yes
regulation 38(2)
Yes
Yes
regulation 38(3)
Yes
Yes
regulation 38(4)
Yes
Yes
regulation 39(2)
Yes
Yes
regulation 40(2)
Yes
Yes
regulation 41(2)
Yes
Yes
regulation 42(2)
Yes
Yes
regulation 43
Yes
Yes
regulation 44(2)
Yes
Yes
regulation 52(1)
Yes
No
regulation 53(a)
Yes
No
regulation 53(b)
Yes
No
regulation 53(c)
Yes
No
regulation 54(a)
Yes
No
regulation 54(b)
Yes
No
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
4
This regulation applies only in England and the marine area adjacent to England.
Amendment to the Nitrate Pollution Prevention Regulations 200810
The Nitrate Pollution Prevention Regulations 200816 are amended by inserting the following after regulation 48—
Civil sanctions48A
1
The Environment Agency may impose a fixed monetary penalty, variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to any offence under these Regulations, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
2
The terms used in this regulation have the same meaning as in that Order.
3
The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
(This note is not part of the Regulations)