Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010 (S.I. No. 1159 of 2010)

S T A T U T O R Y I N S T R U M E N T S 2010 No. 1159 ENVIRONMENTAL PROTECTION, ENGLAND TRIBUNALS AND INQUIRIES, ENGLAND The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010 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(a); sections 92 and 219(2) of the Water Resources Act 1991(b); sections 93, 94 and 95 of the Environment Act 1995(c) (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(d) (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(e), measures relating to the prevention, reduction and elimination of pollution caused by waste (f) and in relation to the environment)(g). 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) 2008 c. 13. (b) 1991 c. 57. (c) 1995 c. 25. (d) 1972 c. 68. (e) S. I. 1996/266. (f) S. I. 1992/2870. (g) S. I. 2008/301. 2 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. Citation application and commencement 1. 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. Amendment to the Sludge (Use in Agriculture) Regulations 1989 2. The Sludge (Use in Agriculture) Regulations 1989 (a) 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 Restorati on notice Complia nce 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.”. (a) S. I. 1989/1263; relevant amending instruments are S.I. 1990/880 and 1996/593. 3 Amendment to the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 3. The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000(a) 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.”. Amendment to the Control of Pollution (Oil Storage) (England) Regulations 2001 4. The Control of Pollution (Oil Storage) (England) Regulations 2001(b) 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. (a) S. I. 2000/1043 to which there are amendments not relevant to these Regulations. (b) S. I. 2001/2954 to which there are amendments not relevant to these Regulations. 4 (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.”. Amendment to the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 5. The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003(a) 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.”. Amendment to the Hazardous Waste (England and Wales) Regulations 2005 6. The Hazardous Waste (England and Wales) Regulations 2005(b) 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 Restorat ion 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 (a) S. I. 2003/164 to which there are amendments not relevant to these Regulations.. (b) S. I. 2005/894; relevant amending instruments are S. I. 2007/3476, S. I. 2007/3538 and S. I. 2009/507. 5 Offence under these Regulations Variable monetary penalty Restorat ion notice Compliance notice Stop notice Enforcement undertaking 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.”. Amendment to the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 7. The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006(a) 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.”. (a) S. I. 2006/2522 to which there are amendments not relevant to these Regulations. 6 Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 8. The Producer Responsibility Obligations (Packaging Waste) Regulations 2007(a) 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.”. Amendment to the Transfrontier Shipment of Waste Regulations 2007 9. The Transfrontier Shipment of Waste Regulations 2007(b) 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. (a) S. I. 2007/871 to which there are amendments not relevant to these Regulations. (b) S. I. 2007/1711 to which there are amendments not relevant to these Regulations. 7 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 8 (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.”. Amendment to the Nitrate Pollution Prevention Regulations 2008 10. The Nitrate Pollution Prevention Regulations 2008(a) 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.”. Jim Fitzpatrick Minister of State 26th March 2010 Department for Environment Food and Rural Affairs (a) S. I. 2008/2349. 9 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. Crown copyright 2010 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. £5.50 E6823 4/2010 106823T 19585 S T A T U T O R Y I N S T R U M E N T S 2010 No. 1159 ENVIRONMENTAL PROTECTION, ENGLAND TRIBUNALS AND INQUIRIES, ENGLAND The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010