# The Environmental Permitting (England and Wales) Regulations 2016, Paragraph 9: Non-compliance penalty


(1) If a person fails to comply with a third party undertaking accepted by the Agency in accordance with paragraph 4(2), the Agency may serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”) in relation to the offence to which the third party undertaking relates.
(2) The amount of the non-compliance penalty must be determined by the Agency in accordance with sub-paragraph (3).
(3) The amount of the non-compliance penalty must be a percentage of the costs of fulfilling the requirements or the remaining requirements of the third party undertaking, up to a maximum of 100%.
(4) The notice referred to in paragraph (1) must include information as to—
(a) the grounds for imposing the non-compliance penalty;
(b) the amount of the penalty;
(c) the method by which it can be paid;
(d) the period within which payment must be made, which must not be less than 28 days; and
(e) the grounds on which the person served with the notice may appeal.
(5) The Agency may at any time withdraw a notice imposing a non-compliance penalty by sending written confirmation of the withdrawal to the person on whom the notice was served.

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Source: https://www.legislation.gov.uk/uksi/2016/1154/schedule/26A/paragraph/9 (the official version)
Page: https://openlegislation.uk/environmental-permitting-england-and-wales-regulations-2016/schedule-26A/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.