
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 ;sections 92 and 219(2) of the Water Resources Act 1991 ;sections 93, 94 and 95 of the Environment Act 1995  (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  (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 , measures relating to the prevention, reduction and elimination of pollution caused by waste   and in relation to the environment) .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.
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   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 sanctionsProvision 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.”.
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  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 sanctionsOffence 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  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.”.
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  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  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 sanctionsOffence 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.”.
Amendment to the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006
7 
The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006  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 sanctionsOffence 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.”.
Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007
8 
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007  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 sanctionsOffence 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  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 sanctionsOffence 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.”.
Amendment to the Nitrate Pollution Prevention Regulations 2008
10 
...“”.
Jim Fitzpatrick
Minister of State
Department for Environment Food and Rural Affairs
