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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.

Citation application and commencementU.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 1989U.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 RegulationsFixed monetary penaltyVariable monetary penaltyRestoration noticeCompliance noticeStop noticeEnforcement undertaking
regulation 3NoYesYesYesYesYes
regulation 4YesYesNoNoYesYes
regulation 5YesYesNoNoNoYes
regulation 6(1)NoYesNoYesNoYes
regulation 7(1)NoYesNoYesNoYes
regulation 7(2)YesYesNoYesNoYes
regulation 8(3)(a)NoYesNoNoYesYes
regulation 8(3)(b)NoYesYesNoYesYes
regulation 8(4)NoYesYesNoYesYes

(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

M8S. 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 2000U.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 RegulationsFixed monetary penaltyVariable monetary penaltyCompliance noticeEnforcement undertaking
regulation 13(1)YesYesYesYes
regulation 13(2)(a)YesYesYesYes
regulation 13(2)(b)YesYesNoYes
regulation 13(2)(c)(i)YesYesNoYes
regulation 13(2)(c)(ii)YesYesNoYes
regulation 13(2)(c)(iii)YesYesNoYes
regulation 13(3)YesYesNoYes
regulation 13(4)(a)NoYesNoNo
regulation 13(4)(b)NoYesNoNo
regulation 13(4)(c)NoYesNoNo

(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

M9S. I. 2000/1043 to which there are amendments not relevant to these Regulations.

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

M10S. 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 2003U.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

M11S. I. 2003/164 to which there are amendments not relevant to these Regulations..

Amendment to the Hazardous Waste (England and Wales) Regulations 2005U.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 RegulationsVariable monetary penaltyRestoration noticeCompliance noticeStop noticeEnforcement undertaking
regulation 19YesYesYesYesYes
regulation 20YesYesYesYesYes
regulation 22YesNoNoNoYes
regulation 34YesNoYesNoYes
regulations 35 to 44YesNoYesNoYes
regulation 46 and Schedule 7YesNoYesNoYes
regulation 47YesNoYesNoYes
regulation 48YesNoYesNoYes
regulation 49YesNoYesNoYes
regulation 50YesNoYesNoYes
regulation 51YesNoYesNoYes
regulation 53YesNoNoNoYes
regulation 54YesNoNoNoYes
regulation 55YesNoNoNoNo
regulation 62YesYesYesYesNo
regulation 68YesNoNoNoNo

(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

M12S. 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 2006U.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 RegulationsFixed monetary penaltyVariable monetary penaltyEnforcement undertaking
regulation 22(1)YesYesYes
regulation 23YesYesYes
regulation 24(1)NoYesNo
regulation 26(1)NoYesNo
regulation 30(8)NoYesNo

(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

M13S. I. 2006/2522 to which there are amendments not relevant to these Regulations.

Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007U.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 RegulationsFixed monetary penaltyVariable monetary penaltyEnforcement undertaking
regulation 40(1)(a)YesYesYes
regulation 40(1)(b)NoYesYes
regulation 40(1)(c)YesNoNo
regulation 40(3)NoYesYes
regulation 40(7)NoYesNo
regulation 40(8)(a)NoYesYes
regulation 40(8)(b)YesNoNo

(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

M14S. I. 2007/871 to which there are amendments not relevant to these Regulations.

Amendment to the Transfrontier Shipment of Waste Regulations 2007U.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 RegulationsVariable monetary penaltyEnforcement undertaking
regulation 17YesYes
regulation 18YesYes
regulation 19(2)YesYes
regulation 19(3)YesYes
regulation 20(2)YesYes
regulation 21YesYes
regulation 22(2)YesYes
regulation 23YesYes
regulation 24(2)YesYes
regulation 25YesYes
regulation 26YesYes
regulation 27(2)YesYes
regulation 28YesYes
regulation 29(2)YesYes
regulation 30(2)YesYes
regulation 31YesYes
regulation 32(2)YesYes
regulation 33(2)YesYes
regulation 34(2)YesYes
regulation 35(2)YesYes
regulation 36YesYes
regulation 37(2)YesYes
regulation 38(2)YesYes
regulation 38(3)YesYes
regulation 38(4)YesYes
regulation 39(2)YesYes
regulation 40(2)YesYes
regulation 41(2)YesYes
regulation 42(2)YesYes
regulation 43YesYes
regulation 44(2)YesYes
regulation 52(1)YesNo
regulation 53(a)YesNo
regulation 53(b)YesNo
regulation 53(c)YesNo
regulation 54(a)YesNo
regulation 54(b)YesNo

(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

M15S. I. 2007/1711 to which there are amendments not relevant to these Regulations.

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

10.  F1...

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.