# The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023

S.I. 2023/770 · made 6 July 2023

These Regulations amend the Environmental Offences (Fixed Penalties) (England) Regulations 2017 and the Environmental Protection Act 1990.

Made under: Environmental Protection Act 1990 (Section 33ZA, Section 34ZA, Section 97A, Section 98, Section 43A, Section 47); Anti-social Behaviour Act 2003

PDFs: Printed copy https://openlegislation.uk/environmental-offences-fixed-penalties-amendment-england-regulations-2023/pdf/uksi_20230770_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/environmental-offences-fixed-penalties-amendment-england-regulations-2023/pdf/uksiem_20230770_en_001.pdf

## Introductory text

Environmental Protection, England And Wales
Made 6th July 2023
Laid before Parliament 10th July 2023
Coming into force 31st July 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by—
(a) sections 33ZA(10A), 34ZA(9A) and 97A(1) and (2) of the Environmental Protection Act 1990 (and for section 97A, the Secretary of State is, for England, the appropriate person as defined in section 98(1A)(a) of that Act), and
(b) section 43A(4) and (5) of the Anti-social Behaviour Act 2003 (and for that section, the Secretary of State is, for England, the appropriate person as defined in section 47(1) of that Act).

## 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023 and come into force on 31st July 2023.
(2) These Regulations extend to England and Wales.
(3) These Regulations apply in relation to England.

## 2 Amendment of the Environmental Offences (Fixed Penalties) (England) Regulations 2017

(1) The Environmental Offences (Fixed Penalties) (England) Regulations 2017 are amended as follows.
(2) For regulation 5 substitute—
“5. (1) The amount of a fixed penalty capable of being specified by either of the following under the corresponding section is not less than £65 and not more than £500—
(a) a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990;
(b) a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003.
(2) The amount of a fixed penalty capable of being specified by a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990 is not less than £65 and not more than £150.”.

## 3 Amendment of the Environmental Protection Act 1990

(1) The Environmental Protection Act 1990 is amended as follows.
(2) In section 33ZA(9)(a), for “£400” substitute “£1000”.
(3) In section 34ZA(8), for “£400” substitute “£600”.

## Signature

Rebecca Pow
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th July 2023

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Environmental Offences (Fixed Penalties) (England) Regulations 2017 and the Environmental Protection Act 1990.
Regulation 2 substitutes regulation 5 of the Environmental Offences (Fixed Penalties) (England) Regulations 2017 to increase the upper limit of fixed penalty notices for littering, graffiti and fly-posting offences from £150 to £500.
Regulation 3 amends the Environmental Protection Act 1990 to increase the upper limit of fixed penalty notices for unauthorised deposit of controlled waste and household waste duty of care offences, from £400 to £1000 and £600 respectively.
A full regulatory impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2023/770 (the official version)
Page: https://openlegislation.uk/environmental-offences-fixed-penalties-amendment-england-regulations-2023
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.