# The Environmental Permitting (England and Wales) Regulations 2016, Regulation 39: Penalties and enforcement undertakings


(1) Subject to paragraph (2), a person guilty of an offence under regulation 38(1), (2) or (3) is liable—
(a) on summary conviction to a fine or imprisonment for a term not exceeding the general limit in a magistrates’ court, or to both;
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years, or to both.
(2) A person guilty of offence under regulation 38(1), (2) or (3) in respect of a flood risk activity is liable—
(a) on summary conviction to a fine or imprisonment for a term not exceeding the general limit in a magistrates’ court, or to both;
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or both.
(3) In relation to an offence committed before 2nd May 2022 , paragraphs (1)(a) and (2)(a) have effect as if for “the general limit in a magistrates’ court” there were substituted “ 6 months ”.
(4) A person guilty of an offence under regulation 38(4) is liable—
(a) on summary conviction to a fine;
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.
(5) An establishment or undertaking guilty of an offence under regulation 38(5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(6) Schedule 26 (enforcement undertakings) has effect.
(7) Schedule 26A (Variable monetary penalties (England)) has effect.

---
Source: https://www.legislation.gov.uk/uksi/2016/1154/regulation/39 (the official version)
Page: https://openlegislation.uk/environmental-permitting-england-and-wales-regulations-2016/regulation-39
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.