The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010

Statutory Instruments

2010 No. 1159

Environmental Protection, England

Tribunals And Inquiries, England

The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010

Made

26th March 2010

Coming into force

6th April 2010

The Secretary of State makes the following Regulations in exercise of the powers conferred by—

section 62 of the Regulatory Enforcement and Sanctions Act 2008 M1 ;

sections 92 and 219(2) of the Water Resources Act 1991 M2 ;

sections 93, 94 and 95 of the Environment Act 1995 M3 (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 1972 M4 (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 waste M5 , measures relating to the prevention, reduction and elimination of pollution caused by waste M6 and in relation to the environment) M7 .

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.

Marginal Citations

M1 2008 c. 13.

M2 1991 c. 57.

M3 1995 c. 25.

M4 1972 c. 68.

M5 S. I. 1996/266.

M6 S. I. 1992/2870.

M7 S. I. 2008/301.

Citation application and commencement U.K.

1.  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 1989 U.K.

2.  The Sludge (Use in Agriculture) Regulations 1989 M8 are amended by inserting the following after regulation 9—

“Civil sanctions

10.— (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.”.

Marginal Citations

M8 S. I. 1989/1263; relevant amending instruments are S.I. 1990/880 and 1996/593.

Amendment to the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 U.K.

3.  The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 M9 are amended by inserting the following after regulation 13—

“Civil sanctions

13A.— (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.”.

Marginal Citations

M9 S. I. 2000/1043 to which there are amendments not relevant to these Regulations.

Amendment to the Control of Pollution (Oil Storage) (England) Regulations 2001 U.K.

4.  The Control of Pollution (Oil Storage) (England) Regulations 2001 M10 are amended by adding after regulation 9—

“Civil sanctions

10.— (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.”.

Marginal Citations

M10 S. I. 2001/2954 to which there are amendments not relevant to these Regulations.

Amendment to the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 U.K.

5.  The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 M11 are amended by inserting the following after regulation 9—

“Civil sanctions

9A.— (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.”.

Marginal Citations

M11 S. I. 2003/164 to which there are amendments not relevant to these Regulations..

Amendment to the Hazardous Waste (England and Wales) Regulations 2005 U.K.

6.  The Hazardous Waste (England and Wales) Regulations 2005 M12 are amended by inserting the following after regulation 65—

“Civil sanctions

65A.— (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.”.

Marginal Citations

M12 S. I. 2005/894; relevant amending instruments are S. I. 2007/3476, S. I. 2007/3538 and S. I. 2009/507.

Amendment to the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 U.K.

7.  The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 M13 are amended by inserting the following after regulation 30—

“Civil sanctions

30A.— (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.”.

Marginal Citations

M13 S. I. 2006/2522 to which there are amendments not relevant to these Regulations.

Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 U.K.

8.  The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M14 are amended by inserting the following after regulation 40—

“Civil sanctions

40A.— (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.”.

Marginal Citations

M14 S. I. 2007/871 to which there are amendments not relevant to these Regulations.

Amendment to the Transfrontier Shipment of Waste Regulations 2007 U.K.

9.  The Transfrontier Shipment of Waste Regulations 2007 M15 are amended by inserting the following after regulation 59—

“Civil sanctions

59A.— (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.”.

Marginal Citations

M15 S. I. 2007/1711 to which there are amendments not relevant to these Regulations.

Amendment to the Nitrate Pollution Prevention Regulations 2008 U.K.

10.  F1 ...

Textual Amendments

F1 Reg. 10 revoked (1.5.2015) by The Nitrate Pollution Prevention Regulations 2015 (S.I. 2015/668), regs. 1(2), 44(c)

Jim Fitzpatrick

Minister of State

Department for Environment Food and Rural Affairs

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in England, amend—

• the Sludge (Use in Agriculture) Regulations 1989

• the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000

• the Control of Pollution (Oil Storage) (England) Regulations 2001

• the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003

• the Hazardous Waste (England and Wales) Regulations 2005

• the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006

• the Producer Responsibility Obligations (Packaging Waste) Regulations 2007

• the Transfrontier Shipment of Waste Regulations 2007

• the Nitrate Pollution Prevention Regulations 2008

The amendments permit Natural England and the Environment Agency to impose specified civil sanctions in relation to breaches of those Regulations. The sanctions are those permitted under the Regulatory Enforcement and Sanctions Act 2008.

A full impact assessment has been prepared and placed in the libraries of both Houses of Parliament. It is available at www.gov.uk.