The Environmental Permitting (England and Wales) Regulations 2016 No. 1154

[F1 SCHEDULE 26A E+W Variable monetary penalties (England)

Textual Amendments

F1 Sch. 26A inserted (E.) (1.12.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) (No. 2) Regulations 2023 (S.I. 2023/1046), reg. 1(1), Sch.

PART 3 E+W Appeals

Variable monetary penalties: appeals E+W

11.— (1) A person may appeal to the First-tier Tribunal against a decision by the Agency to impose a variable monetary penalty by service of a final notice.

(2) An appeal under this paragraph may be made on the grounds that—

(a) the decision was based on an error of fact;

(b) the decision was wrong in law;

(c) the amount of the penalty was unreasonable;

(d) the decision was unreasonable for any other reason.

(3) Where a person appeals under this paragraph, the effect of the final notice to which the appeal relates is suspended until the appeal is finally determined.

Non-compliance penalty and enforcement cost recovery notice: appeals E+W

12.— (1) A person may appeal to the First-tier Tribunal against a decision by the Agency to impose a non-compliance penalty or to serve an enforcement cost recovery notice.

(2) An appeal under sub-paragraph (1) may be made on the grounds that—

(a) the decision to impose the penalty or serve the notice was based on an error of fact;

(b) the decision was wrong in law;

(c) the amount of the penalty or costs is unreasonable;

(d) the decision was unreasonable for any other reason.

(3) Where a person appeals under sub-paragraph (1), the effect of the decision or notice to which the appeal relates is suspended until the appeal is finally determined.

Powers of the First-tier Tribunal on appeal E+W

13.   On an appeal against a decision by the Agency to impose a variable monetary penalty or non-compliance penalty or to serve an enforcement cost recovery notice, the First-tier Tribunal may—

(a) withdraw the penalty or notice;

(b) confirm the Agency’s decision to impose the penalty or serve the notice;

(c) vary the amount of the penalty or the amount specified in the enforcement cost recovery notice;

(d) take any of the steps that the Agency could take in relation to the act or omission which gave rise to the penalty or notice; or

(e) remit the decision to impose the penalty or serve the notice, or any matter relating the decision, to the Agency for reconsideration.]