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

Made14 July 2010

Coming into force15 July 2010

The Welsh Ministers make the following Regulations in exercise of the powers conferred by—

sections 93, 94 and 95 of the Environment Act 19951;
section 62 of the Regulatory Enforcement and Sanctions Act 20082; and
section 2(2) of the European Communities Act 19723. (The Welsh Ministers are designated4 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, in relation to persistent organic pollutants, dangerous substances, preparations and chemicals, and in relation to measures relating to the regulation and control of the use of sewage sludge in agriculture).

In accordance with section 93(2) of the Environment Act 1995 the Welsh Ministers have 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 Welsh Ministers are satisfied, pursuant to section 93(3) of that Act, as to the matters specified in section 93(6) of that Act; and the Welsh Ministers exercise 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.

In accordance with section 66 of the Regulatory Enforcement and Sanctions Act 2008 the Welsh Ministers are satisfied that the Environment Agency 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 these Regulations has been laid before, and approved by a resolution of the National Assembly for Wales in accordance with section 62 of the Regulatory Enforcement and Sanctions Act 2008 and section 93(10) of the Environment Act 19955.

Title, application and commencement1

The title of these Regulations is the Environmental Civil Sanctions (Miscellaneous Amendments) (Wales) Regulations 2010; they apply in relation to Wales and come into force on 15 July 2010.

Amendment to the Sludge (Use in Agriculture) Regulations 19892

The Sludge (Use in Agriculture) Regulations 1989 6 are amended by inserting the following after regulation 10—

Civil sanctions, Wales11
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 (Wales) 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 Wales.

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

Amendment to the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 20003

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 20007 are amended by inserting the following after regulation

Civil sanctions, Wales13B
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 (Wales) 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 Wales.

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

Amendment to the Hazardous Waste (Wales) Regulations 20054

The Hazardous Waste (Wales) Regulations 20058 are amended by inserting the following after regulation 65—

Civil sanctions65A
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 (other than regulation 68) 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 (Wales) 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
regulation 35
Yes
No
Yes
No
Yes
regulation 36
Yes
No
Yes
No
Yes
regulation 37
Yes
No
Yes
No
Yes
regulation 38
Yes
No
Yes
No
Yes
regulation 39
Yes
No
Yes
No
Yes
regulation 40
Yes
No
Yes
No
Yes
regulation 41
Yes
No
Yes
No
Yes
regulation 42
Yes
No
Yes
No
Yes
regulation 43
Yes
No
Yes
No
Yes
regulation 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.

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
regulation 35	Yes	No	Yes	No	Yes
regulation 36	Yes	No	Yes	No	Yes
regulation 37	Yes	No	Yes	No	Yes
regulation 38	Yes	No	Yes	No	Yes
regulation 39	Yes	No	Yes	No	Yes
regulation 40	Yes	No	Yes	No	Yes
regulation 41	Yes	No	Yes	No	Yes
regulation 42	Yes	No	Yes	No	Yes
regulation 43	Yes	No	Yes	No	Yes
regulation 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

Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 20075

The Producer Responsibility Obligations (Packaging Waste) Regulations 20079 are amended by inserting the following after regulation 40A—

Civil sanctions, Wales40B
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 (Wales) 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 these Regulations.
4
This regulation applies only in Wales.

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

Jane DavidsonMinister for Environment, Sustainability and Housing, one of the Welsh Ministers14 July 2010

(This note is not part of the Regulations)

These Regulations, which apply in Wales, amend—

the Sludge (Use in Agriculture) Regulations 1989 (S.I.1989/1263)
the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 (S.I.2000/1043)
the Hazardous Waste (Wales) Regulations 2005 (S.I.2005/1806 (W.138))
the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I.2007/871)

The amendments permit the Environment Agency to impose specified civil sanctions in relation to certain breaches of those Regulations. The sanctions are those permitted under Part 3 of the Regulatory Enforcement and Sanctions Act 2008.

An impact assessment has been prepared for these Regulations. A copy can be obtained from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.