The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010
S.I. 2010/1159 · Made 26 March 2010 · Extends to United Kingdom
Environmental Protection, England
Tribunals And Inquiries, England
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.
Annotations to the whole text
Marginal citations
- M1
- M2
- M3
- M4
- M5
- M6
- M7
Contents
- 1Citation application and commencement
- 2Amendment to the Sludge (Use in Agriculture) Regulations 1989
- 3Amendment to the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
- 4Amendment to the Control of Pollution (Oil Storage) (England) Regulations 2001
- 5Amendment to the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
- 6Amendment to the Hazardous Waste (England and Wales) Regulations 2005
- 7Amendment to the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006
- 8Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007
- 9Amendment to the Transfrontier Shipment of Waste Regulations 2007
- 10Amendment to the Nitrate Pollution Prevention Regulations 2008
- Signature
- Explanatory note
1Citation application and commencement
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.
2Amendment to the Sludge (Use in Agriculture) Regulations 1989
The Sludge (Use in Agriculture) Regulations 1989 M1 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.”.
3Amendment to the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 M1 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.”.
4Amendment to the Control of Pollution (Oil Storage) (England) Regulations 2001
The Control of Pollution (Oil Storage) (England) Regulations 2001 M1 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.”.
5Amendment to the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 M1 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.”.
6Amendment to the Hazardous Waste (England and Wales) Regulations 2005
The Hazardous Waste (England and Wales) Regulations 2005 M1 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.”.
7Amendment to the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006
The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 M1 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.”.
8Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M1 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.”.
9Amendment to the Transfrontier Shipment of Waste Regulations 2007
The Transfrontier Shipment of Waste Regulations 2007 M1 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.”.
10Amendment to the Nitrate Pollution Prevention Regulations 2008
F1...
“”.
Signature
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.