Part 6Environmental outcomes reports

Enforcement

I1160Enforcement

1

EOR regulations may make provision about, or in connection with, the enforcement of requirements imposed by or under this Part.

2

EOR regulations under this section may, in particular, include provision—

a

creating a criminal offence (but may not create a criminal offence punishable with imprisonment);

b

conferring a power on any court or tribunal;

c

for the imposition of civil sanctions and appeals against such sanctions;

d

conferring a power of entry (whether or not on the authority of a warrant);

e

conferring a power of inspection, search, seizure or detention (whether or not on the authority of a warrant);

f

authorising, or making provision for the authorisation of, the use of reasonable force in connection with a power mentioned in paragraph (d) or (e);

g

applying, or corresponding to, any provision, made by or under any enactment, relating to enforcement in connection with a category 1 consent or a category 2 consent (with or without modifications).

3

EOR regulations under subsection (2)(c) may make provision for the imposition of civil sanctions whether or not the conduct in respect of which the sanction is imposed constitutes an offence.

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, enforcement undertakings).