Clean Neighbourhoods and Environment Act 2005 (c. 16)

Part 9 E+W Miscellaneous

Pollution E+W

104 Contaminated land: appeals against remediation notices E+W

(1) Section 78L of the Environmental Protection Act 1990 (c. 43) (appeals against remediation notices) is amended as follows.

(2) In subsection (1), for paragraphs (a) and (b) substitute—

“(a) if it was served by a local authority in England, or served by the Environment Agency in relation to land in England, to the Secretary of State;

(b) if it was served by a local authority in Wales, or served by the Environment Agency in relation to land in Wales, to the National Assembly for Wales;”.

(3) In that subsection, for the words from “means” to the end substitute “ the Secretary of State or the National Assembly for Wales, as the case may be ”.

(4) In subsection (4)—

(a) omit paragraph (b);

(b) in paragraph (c), omit the words from “or on” to the end.

(5) In subsection (6), omit the words “so far as relating to appeals to the Secretary of State”.

(6) This section does not have effect in relation to a remediation notice served under Part 2A of the Environmental Protection Act 1990 before the commencement of this section.

(7) The power of the Secretary of State and National Assembly for Wales under section 114 of the Environment Act 1995 (c. 25) in relation to appeals under section 78L of the Environmental Protection Act 1990 extends to appeals under that section as amended by this section.

Commencement Information

I1 S. 104 in force at 16.3.2006 for specified purposes for W. by S.I. 2006/768, art. 3

I2 S. 104 in force at 4.8.2006 for specified purposes for E. by S.I. 2006/1361, art. 2

I3 S. 104 in force at 10.12.2006 (being the day on which S.I. 2006/2989 came into force) for W. in so far as not already in force by S.I. 2006/768, art. 4(a)

105 Offences relating to pollution etc: penalties on conviction E+W

(1) In paragraph 25 of Schedule 1 to the Pollution Prevention and Control Act 1999 (c. 24) (purposes for which regulations may be made under section 2: offences), in sub-paragraph (2)(a)—

(a) in paragraph (i) for “six months” substitute “ 12 months ”;

(b) in paragraph (ii) for “£20,000” substitute “ £50,000 ”.

(2) [F1 Subsection (1)(a)] does not have effect in relation to regulations under section 2 of the Pollution Prevention and Control Act 1999 so far as relating to offences committed before the commencement of [F2 paragraph 24(2) of Schedule 22 to the Sentencing Act 2020].

Textual Amendments

F1 Words in s. 105(2) substituted (26.1.2009) by Climate Change Act 2008 (c. 27), ss. 88(1), 100(5)

F2 Words in s. 105(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 443(1) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2