Environmental Protection Act 1990

[F1 34CB Further provision about regulations under section 34CA U.K.

(1) Regulations under section 34CA(1) may make provision about the enforcement of requirements imposed by or under the regulations.

(2) The regulations may include provision—

(a) creating criminal offences punishable with a fine in respect of failures to comply with the regulations;

(b) about such offences.

(3) The regulations may include provision—

(a) for, about or connected with the imposition of civil sanctions by an enforcement authority;

(b) in the case of a civil sanction that requires the payment of an amount, for that amount—

(i) to be specified in the regulations;

(ii) to be determined by an enforcement authority in accordance with the regulations;

(c) for such a determination to be made by reference to factors specified or described in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount to be paid may exceed the amount of those costs);

(d) about appeals against the imposition of a civil sanction.

(4) In this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(5) The regulations may include provision for the imposition of sanctions of that kind whether or not—

(a) the conduct in respect of which the sanction is imposed constitutes an offence,

(b) the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

(c) the relevant national authority may make provision for the imposition of sanctions under that Part.

(6) The regulations may make different provision for different purposes.

(7) The regulations may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking primary legislation or [F2 assimilated direct] legislation.

(8) In this section—

• “enforcement authority” means the Environment Agency, the Natural Resources Body for Wales, a waste collection authority for an area in England or Wales or the Scottish Environment Protection Agency;

• “primary legislation” means—

  (a)

  in relation to regulations made by the Secretary of State, an Act of Parliament;

  (b)

  in relation to regulations made by the Welsh Ministers, an Act of Parliament or an Act or Measure of Senedd Cymru;

  (c)

  in relation to regulations made by the Scottish Ministers, an Act of Parliament or an Act of the Scottish Parliament.]

Textual Amendments

F1 Ss. 34CA, 34CB and cross-heading inserted (9.1.2022) by Environment Act 2021 (c. 30), ss. 58(2), 147(2)(g) (with s. 144)

F2 Words in s. 34CB(7) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 29(3)