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

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.

The Sludge (Use in Agriculture) Regulations 1989 ^f1 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.”.

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000^f1 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.”.

The Control of Pollution (Oil Storage) (England) Regulations 2001^f1 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.”.

The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003^f1 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.”.

The Hazardous Waste (England and Wales) Regulations 2005^f1 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.”.

The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006^f1 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.”.

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007^f1 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.”.

The Transfrontier Shipment of Waste Regulations 2007^f1 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.”.

The Nitrate Pollution Prevention Regulations 2008^f1 are amended by inserting the following after regulation 48—

“Civil sanctions

48A.

(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 any offence under these Regulations, 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.”.

(This note is not part of the Regulations)