Environment Agency Mapping of Civil Sanctions to Offences
1 2 7 Civil Sanctions
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Environmental DRAFT - Environmental Reg 38(1)(a) It is an offence for a person to contravene regulation 12
Permitting Permitting (England and Wales)
Regulations 2010
Environmental DRAFT - Environmental Reg 38(1)(b) knowingly cause or knowingly permit the cotravention of regulation 12
Permitting Permitting (England and Wales)
Regulations 2010
X X X X
Environmental DRAFT - Environmental Reg 38(2) - Breaching a permit condition
Permitting Permitting (England and Wales)
Regulations 2010
X X X
Environmental DRAFT - Environmental Reg 38(3) - Breaching an enforcement, suspension or closure notice
Permitting Permitting (England and Wales)
Regulations 2010
X X X X X
Environmental DRAFT - Environmental Reg 38(4)(a) - Breaching an information notice
Permitting Permitting (England and Wales)
Regulations 2010
X X X
Environmental DRAFT - Environmental Reg 38(4)(b) - Making false or misleading statements
Permitting Permitting (England and Wales)
Regulations 2010
X X X X X
Environmental DRAFT - Environmental Reg 38(4)(c) - making false entries
Permitting Permitting (England and Wales)
Regulations 2010
X X X X X
Environmental DRAFT - Environmental Reg 38(4)(d) - Forgery and deception in realtion to documents
Permitting Permitting (England and Wales)
Regulations 2010
X X X
Environmental DRAFT - Environmental Reg 38(5)(a) - Failing to keep records in relation to exempt waste operations
Permitting Permitting (England and Wales)
Regulations 2010
X X X
Environmental DRAFT - Environmental Reg 38(5)(b) - False records in relation to exempt waste operations
Permitting Permitting (England and Wales)
Regulations 2010
X X X X X
Environmental DRAFT - Environmental Reg 38(6) - If an offence committed by aperson is due to the act or default of some other
Permitting Permitting (England and Wales)
Regulations 2010
person that other person is also guilty of the offence X X X
Water Quality Water Resources Act 1991 [WRA] Section 202(4) - Failure to provide information required by a notice under this section.
X X X X X
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Water Quality Water Resources Act 1991 [WRA] Section 206(1) - Making a false or misleading statement when furnishing information or
making an application. X X X X X
Water Quality Water Resources Act 1991 [WRA] Section 206(3) - Person who wilfully alters or interferes with a meter, gauge or other device so
as to prevent it from measuring correctly. X X X X X X
Water Quality Water Resources Act 1991 [WRA] Section 206(3A) - Intentionally makes a false entry in any record required to be kept by virtue
of a consent. X X X X X
Water Quality Water Resources Act 1991 [WRA] Section 161D(1) - Failure to comply with an Anti Pollution Works Notice.
X X X X X
Water Quality Control of Pollution (Oil Storage) Regulation 9 - Failure to meet the requirements of Regulations 3 to 5 and 7 of the Oil Storage
(England) Regulations 2001 no.
2954
Regulations. X
Water Quality Nitrate Pollution Prevention NPPR section 48 - compendious offence - breaching any part of the NPPR
Regulations 2008 48(2) - personal liability for corporate directors & officers X
Water Quality Water Industry Act 1991 [WIA] Section 120(9) WIA - Where a sewerage undertaker fails to refer to the Environment Agency
within 2 months any questions as to whether the discharges of special category effluent
should be prohibited or made subject to conditions.
X
Water Quality Water Industry Act 1991 [WIA] Section 130(7) WIA -Where a sewerage undertaker fails to refer to the environment Agency
any questions as to whether any operations for the purpose of or in connection with the
reception or disposal of special category effluent should be prohibited or made subject to X
conditions.
Water Quality Water Industry Act 1991 [WIA] Section 133(5)WIA - Where a sewerage undertaker fails to exercise its powers so as to
secure compliance with the provisions of a notice served by the Environment Agency under
section 132 WIA.
X X X X
Water Quality Water Industry Act 1991 [WIA] Section 135A(2)(a) WIA - Failure to provide information in respect of special category effluent.
X X X
Water Quality Water Industry Act 1991 [WIA] Section 135A(2)(b) WIA - Making a false or misleading statement intentionally or recklessly
when furnishing information in compliance with a notice served under section 135A(1) Water X X X X X X
Industry Act 1991.
Water Quality Environment Act 1995 Section 110 (4)(a)-
Contravening section 109 - obstruction exercise of powers of entry and seizure for article or
substance which is a cause of imminent danger of serious pollution of the environment or X X X X X
serious harm to human health
Water Quality Environment Act 1995 Section 110 (4)(b) and 110(5) -
(1) It is an offence for a person intentionally to obstruct an authorised person in the exercise or
performance of his powers or duties.
(2) It is an offence for a person, without reasonable excuse,—
(a) to fail to comply with any requirement imposed under section 108 above;
(b) to fail or refuse to provide facilities or assistance or any information or to permit any
inspection reasonably required by an authorised person in the execution of his powers or
duties under or by virtue of that section; or X X X X X
(c) to prevent any other person from appearing before an authorised person, or answering
any question to which an authorised person may require an answer, pursuant to subsection
(4) of that section.
(3) It is an offence for a person falsely to pretend to be an authorised person.
(4)(b) in any other case, on summary conviction, to a fine not exceeding level 5 on the
standard scale.
Env permitting and Environmental Protection Act Section 33(1)(a) & (6) - Depositing non-domestic controlled waste on land without, or other
Waste 1990 than in accordance with a licence.
X X X X X
Env permitting and Environmental Protection Act Section 33(1)(b) & (6) - Treating, keeping or disposing of non-domestic controlled waste
Waste 1990 without, or other than in accordance with a licence.
X X X X X
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Env permitting and Environmental Protection Act Section 33(1)(c) & (6) - Treating, keeping or disposing of controlled waste (including domestic
Waste 1990 waste) in a manner likely to pollute or harm human health.
X X X X X
Waste Environmental Protection Act Section 71 - non-compliance with notice by Secretary of State or Agency to provide such
1990 information as is reasonably required.
X X X X X
Waste Environment Act 1995 Section 110 - obstruction of authorised officer; failure to comply with a section 108
requirement, failure to provide assistance or permit inspection; preventing others from
answering questions; impersonating an authorised officer.
X X X X X
Waste Control of Pollution (Amendment) Section 1(1) CoP(A)A- carrying controlled waste while unregistered, except within premises or
Act 1989 [CoP(A)A] in international transit. X X X X X
Waste Control of Pollution (Amendment) Section 5(4)(a)&(b) CoP(A)A - obstruction:
Act 1989 [CoP(A)A] (a) intentional obstruction of authorised officer;
(b) failure without reasonable excuse to comply with requirement to produce authority for X X X X X X
carrying waste
Waste Control of Pollution (Amendment) Section 5B(2): Failure to produce authority (waste carrier's licence)
Act 1989 [CoP(A)A] X X X X X X
Waste Control of Pollution (Amendment) Section 7(1) & (3) CoP(A)A - Failure to provide information or providing materially false
Act 1989 [CoP(A)A] information; X X X X X X
(5) also any other person's act or defaults renders causing the above renders them guilty.
Waste Control of Pollution (Amendment) Section 7(6) - Corporate liability -
Act 1989 [CoP(A)A] CP(A)A offence committed with the consent or connivance of, or to be attributable to any
neglect on the part of, any director, manager, secretary or other similar officer of the body
corporate or any person who was purporting to act in any such capacity
X X X X X X
Waste Producer Responsibility Regulation 40 (1)(a) Regs producer fails to register.
Obligations (Packaging Waste)
Regulations 2007 no. 871
X X X
Waste Producer Responsibility Regulation 40(1)(b) Where an obligated person has failed to recover/recycle or a small
Obligations (Packaging Waste)
Regulations 2007 no. 871
producer has failed to recycle their obligation. X X X X
Waste Producer Responsibility Regulation 40(1)(c ) Where a producer fails to furnish a certificate of compliance by due date.
Obligations (Packaging Waste)
Regulations 2007 no. 871
X X X X X
Waste Producer Responsibility Regulation 40(8)(a) Where there is a group registration and it does not recover or recycle in
Obligations (Packaging Waste)
Regulations 2007 no. 871
accordance with its obligations action will be taken against the holding company. X X X X
Waste Producer Responsibility Regulation 40(8)(b) Where there is a group registration and it does not furnish the certificate
Obligations (Packaging Waste)
Regulations 2007 no. 871
by the due date action will be taken against the holding company. X X X X X
Waste Producer Responsibility Regulation 40(5)(a) or (b) Knowingly or recklessly providing false or misleading information
Obligations (Packaging Waste) given to the Environment Agency in performance of its functions or to which Regulation 19 X X X X X X
Regulations 2007 no. 871 applies (includes providing such information as required by Reg 26(1)(b)).
Waste Producer Responsibility Regulation 26(1)(b) Knowingly or recklessly supplying false information in an application
Obligations (Packaging Waste) under Reg 24 or in connection with any requirement under Section 5. X X X X X X
Regulations 2007 no. 871
Waste Producer Responsibility Regulation 40(6) PRO(PW) - Non-compliance.
Obligations (Packaging Waste) X X X X X X
Regulations 2007 no. 871
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Waste Producer Responsibility Regulation 40(3) Where an operator of a scheme fails to recover or recycle his obligation.
Obligations (Packaging Waste)
Regulations 2007 no. 871
X X X X
Waste Producer Responsibility Regulation 40(4) & Reg 23(1) - Unlawful issue of a PRN
Obligations (Packaging Waste) X X X X X X
Regulations 2007 no. 871
Waste Producer Responsibility Regulation 40(4) and Reg 23(2) Unlawful issue of a PERN.
Obligations (Packaging Waste) X X X X X X
Regulations 2007 no. 871
Waste Producer Responsibility Regulation 40(4) and Schedule 5(1)(a) Issuing a PRN for more than the total amount of
Obligations (Packaging Waste) packaging waste. X X X X X X
Regulations 2007 no. 871
Waste Producer Responsibility Regulation 40(4) and Schedule 5(1)(d) Issuing a PERN for more than the total amount of
Obligations (Packaging Waste) packaging waste. X X X X X X
Regulations 2007 no. 871
Waste Producer Responsibility Regulation 40(7) Obstruction.
Obligations (Packaging Waste)
Regulations 2007 no. 871
X X X X X
Waste Hazardous Waste (England and Regulation 19 -Mixing hazardous wastes - Hazardous waste mixed with non-hazardous waste,
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
a different category of hazardous waste (or any other substance) other than in accordance
with regulation 19(2) & (3).
no.1806
Waste Hazardous Waste (England and Regulation 20 - separation of mixed wastes - Where mixed hazardous waste has not been
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
separated in accordance with regulation 20.
no.1806
Waste Hazardous Waste (England and Regulations 21 and 65 - Requirement to notify premises - Where hazardous waste is found at
Wales) Regulations 2005 no. 894 non-notified premises that are not exempt from the requirement to notify and have not
& HW (Wales) Regulations 2005 registered in accordance with Regs 24 to 26. X X X X X X
no.1806
Waste Hazardous Waste (England and Regulations 22 & 65 - Removal of Hazardous waste from unregistered premises - Where
Wales) Regulations 2005 no. 894 hazardous waste has been removed, or caused to be removed from non-notified premises,
& HW (Wales) Regulations 2005
no.1806
unless the premises are exempt from notification at the time of removal or the waste was
deposited in contravention of Section 33 EPA 1990 (see Paras 1,2 and 3 above).
X X X X
Waste Hazardous Waste (England and Regulation 34 & 65 - Coding standard and consignment codes - Use of non-unique
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
consignment codes or not in accordance with the ~Environment Agency's coding standard.
X X X X
no.1806
Waste Hazardous Waste (England and Regulation 35 to 44 and 46 & 65 - Consigning waste - Not moving waste an/or using
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
consignment notes in accordance with the following regulations.11 offences
X X X X
no.1806
Waste Hazardous Waste (England and Regulation 47 & 65 - Records of discharged hazardous waste - Where records of the place of
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
discharge on land of hazardous waste are not kept, maintain or retained as specified.
X X
no.1806
Waste Hazardous Waste (England and Regulation 48 & 65 - Records of disposal or recovery of hazardous waste - Where records
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
and inventories of hazardous wise are not kept, maintained or retained as specified.
X X
no.1806
Waste Hazardous Waste (England and Regulation 49 & 65 - Producer's, holder's and consignor's records - Failure of a producer,
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
holder or consignor to keep, maintain or retain records as specified.
X X
no.1806
Waste Hazardous Waste (England and Regulation 50 & 65 - Carrier's records - Failure of a carrier to keep, maintain or retain records
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
as specified.
X X
no.1806
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Waste Hazardous Waste (England and Regulation 51 & 65 - keeping registers and/or records required by Regs 47 to 50 - Failure of a
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
person to keep and/or surrender registers and records as specified.
X X
no.1806
Waste Hazardous Waste (England and Regulation 53 & 65 - consignee quarterly returns - Where the operator of a consignee facility
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
receiving hazardous waste fails to make a consignee quarterly return for all hazardous waste
received at that facility within the time periods set out in Regulation 53(4). X X X X
no.1806
Waste Hazardous Waste (England and Regulation 54 & 65 - Consignee return to producer, holder or consignor - Failing to provide
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
consignee returns to the producer, holder or consignor within one month of the end of the
quarter in which any related waste was accepted.
X X X X
no.1806
Waste Hazardous Waste (England and Regulation 55 & 65 - non compliance with Regulation 55 notice.
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005 X X X X X
no.1806
Waste Hazardous Waste (England and Regulation 62 - Emergency or grave danger - Where, in the case of emergency and grave
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
danger, a holder of hazardous waste had not taken all lawful and reasonable steps to avert or
mitigate the emergency or grave danger. X X X
no.1806
Waste Hazardous Waste (England and Regulation 68 - false and misleading information - Where a person provides false or
Wales) Regulations 2005 no. 894
& HW (Wales) Regulations 2005
misleading information or makes false entries.
X X X X X
no.1806
Waste Transfrontier Shipment of Waste Regulation 17 TFSW fail to comply with art 49(1) - shipping waste in breach of the
Regulations 2007 no. 1711
[TFSW]
requirements of the Community Regulation to manage shipments in an environmentally sound
manner and without endangering human health
X X X X
Waste Transfrontier Shipment of Waste Regulation 18 TFSW transporting waste other than in accordance with—
Regulations 2007 no. 1711 (a) the notification document or movement document, in the case of notifiable waste; or
[TFSW] (b) the Annex VII document, in the case of waste subject to the procedural requirements of
Article 18(1).
X X X X
Waste Transfrontier Shipment of Waste Regulations 19 and 20: offences for failure to comply with the procedural requirements in the
Regulations 2007 no. 1711 Community Regulation that apply to shipments of waste to or from the United Kingdom to or
[TFSW] from other member States;
19. — (1) This regulation applies to waste specified in Article 3(1)(a) or (b) that originates in
the Community and is either brought into the United Kingdom or destined for another member
State, whether or not that waste passes through a third country.
(2) A person who transports such waste commits an offence if he does so without—
(a) the competent authority of dispatch having been notified in accordance with Article 4;
(b) a contract having been entered into or a declaration having been made in accordance with
Article 5;
(c) a financial guarantee or equivalent insurance being in place and approved by the
X X X X
competent authority in accordance with Article 6;
(d) a consent issued by the competent authority of dispatch and destination in accordance
with Article 9 and a consent issued by the competent authority of transit, unless there is tacit
consent to the transit in accordance with Article 9(1);
(e) the movement document having been—
(i) completed in accordance with Article 16, first paragraph and Article 16(a); or
(ii) sent to the competent authorities concerned and the consignee in accordance with Article
16(b);
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Waste Transfrontier Shipment of Waste Prohibition on export of waste for disposal other than to EFTA countries
Regulations 2007 no. 1711 TFSW 2007 s.21. A person commits an offence if he transports waste destined for disposal in
[TFSW] a third country in breach of Article 34 (prohibition on export except, in certain circumstances,
to EFTA countries Parties to the Basel Convention).
X X X X
Waste Transfrontier Shipment of Waste Requirements for export of waste for disposal to EFTA countries
Regulations 2007 no. 1711 TFSW s.22. — (1) This regulation applies to waste destined for disposal in any EFTA country
[TFSW] Party to the Basel Convention.
(2) A person who transports such waste commits an offence if he does so—
(a) without the provisions of Article 35(1) having been complied with (procedural
requirements for export to EFTA countries); or
(b) in breach of Article 35(5)(requirement for consignment only to facilities operating or X X X X
authorised to operate under the applicable national law of the country of destination).
Waste Transfrontier Shipment of Waste Prohibition on export of certain waste for recovery to non-OECD Decision countries
Regulations 2007 no. 1711 TFSW 2007 s.23. A person commits an offence if, in breach of Article 36(1), he transports
[TFSW] waste specified in that Article that is destined for recovery in a country to which the OECD
Decision does not apply.
X X X X
Waste Transfrontier Shipment of Waste Requirements for export of waste for recovery to OECD Decision countries
Regulations 2007 no. 1711 TFSW 2007 s.24. — (1) This regulation applies to waste specified in Article 38(1) destined for
[TFSW] recovery in any country to which the OECD Decision applies (with or without transit through
any country to which that Decision applies).
(2) A person who transports such waste commits an offence if he does so—
(a) without the provisions of Article 38(1) having been complied with (procedural
X X X X
requirements for the export of waste listed in Annexes III, IIIA, IIIB, IV and IVA); or
(b) in breach of Article 38(6)(requirement for consignment only to facilities operating or
authorised to operate under the applicable national law of the country of destination).
Waste Transfrontier Shipment of Waste Miscellaneous prohibitions on export of waste
Regulations 2007 no. 1711 TFSW 2007 s.25. A person commits an offence if (a) he transports waste to the Antarctic;
[TFSW] (b) he transports waste destined for disposal in an overseas country or territory in breach of
Article 40(1);
(c) he transports waste destined for recovery in an overseas country or territory in breach of
Article 40(2)(prohibition on the export of certain waste); or
X X X X
(d) he transports waste specified in Article 40(3) destined for recovery in an overseas country
or territory without the provisions of that Article having been complied with (procedural
requirements for exports to overseas countries or territories).
Waste Transfrontier Shipment of Waste Import of waste from third countries - Prohibition on the import of waste for disposal
Regulations 2007 no. 1711 TFSW 2007 s.26. A person commits an offence if, in breach of Article 41(1), he transports
[TFSW] waste destined for disposal that has come from a third country or area other than those
specified in that Article.
X X X X
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Waste Transfrontier Shipment of Waste Import of waste from third countries - Procedure for import of waste for disposal from a country
Regulations 2007 no. 1711 Party to the Basel Convention
[TFSW] TFSW 2007 s.27. — (1) This regulation applies to waste destined for disposal that has come
from a country Party to the Basel Convention.
(2) A person who transports such waste commits an offence if he does so without the
X X X X
provisions of Article 42(1) having been complied with (procedural requirements for the import
of waste destined for disposal from countries Parties to the Basel Convention).
Waste Transfrontier Shipment of Waste Import of waste from third countries - Prohibition on import of waste for recovery
Regulations 2007 no. 1711
[TFSW]
TFSW 2007 s.28. A person commits an offence if, in breach of Article 43(1), he transports
waste destined for recovery that has come from a third country or area other than specified in X X X X
that Article.
Waste Transfrontier Shipment of Waste Import of waste from third countries - Requirements for import of waste for recovery from or
Regulations 2007 no. 1711 through an OECD Decision country
[TFSW] TFSW 2007 s.29. — (1) This regulation applies to waste destined for recovery that has come
from or through a country to which the OECD Decision applies.
(2) A person who transports such waste commits an offence if he does so without the
X X X X
provisions of Article 44(1) having been complied with (procedural requirements for imports of
waste destined for recovery from, or through, an OECD Decision country).
Waste Transfrontier Shipment of Waste Import of waste from third countries - Requirements for import of waste for recovery from a
Regulations 2007 no. 1711 non-OECD Decision country Party to the Basel Convention
[TFSW] TFSW 2007 s.30. — (1) This regulation applies to waste destined for recovery that has come
—
(a) from a country to which the OECD Decision does not apply; or
(b) through a country to which the OECD Decision does not apply and that is Party to the
X X X X
Basel Convention.
(2) A person who transports such waste commits an offence if he does so without the
provisions of Article 45 having been complied with (procedural requirements for imports from a
Waste Transfrontier Shipment of Waste non-OECD Decision country Party to the Basel Convention). of waste from overseas
Import of waste from third countries - Requirements for import
Regulations 2007 no. 1711 countries or territories
[TFSW] TFSW 2007 s.31. A person who transports waste that has come from any overseas country or
territory commits an offence if he does so without the provisions of Article 46(1) having been
complied with (procedural requirements for the import of waste from overseas countries or
territories).
X X X X
Waste Transfrontier Shipment of Waste Transit of waste - Requirements for transit of waste for disposal
Regulations 2007 no. 1711 TFSW 2007 s.32. — (1) This regulation applies to waste destined for disposal that—
[TFSW] (a) originates from, and is destined for, a third country; and
(b) is transported through the United Kingdom.
(2) A person who transports such waste commits an offence if he does so without the
provisions of Article 47 having been complied with (procedural requirements for shipments of X X X X
waste destined for disposal from and to a third country).
Waste Transfrontier Shipment of Waste Transit of waste - Requirements for transit of waste for recovery: non-OECD Decision
Regulations 2007 no. 1711 countries
[TFSW] TFSW 2007 s.33. — (1) This regulation applies to waste destined for recovery that—
(a) originates from, and is destined for, a country to which the OECD Decision does not
apply; and
(b) is transported through the United Kingdom.
(2) A person who transports such waste commits an offence if he does so without the
X X X X
provisions of Article 48(1) having been complied with (procedural requirements for shipments
of waste destined for recovery from and to a country to which the OECD Decision does not
apply).
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Waste Transfrontier Shipment of Waste Transit of waste - Requirements for transit of waste for recovery: OECD Decision countries
Regulations 2007 no. 1711 TFSW 2007 s.34. — (1) This regulation applies to waste destined for recovery that—
[TFSW] (a) originates from, and is destined for, a country to which the OECD Decision applies; and
(b) is transported through the United Kingdom.
(2) A person who transports such waste commits an offence if he does so without the
provisions of Article 48(2) having been complied with (procedural requirements for shipments
X X X X
of waste destined for recovery from and to a country to which the OECD Decision applies).
Waste Transfrontier Shipment of Waste Transit of waste - Requirements for transit of waste between OECD Decision countries and
Regulations 2007 no. 1711 non-OECD Decision countries
[TFSW] TFSW 2007 s.35. — (1) This regulation applies to waste destined for recovery that—
(a) originates from a country to which the OECD Decision does not apply and is destined for
a country to which the OECD Decision does apply; or
(b) originates from a country to which the OECD Decision applies and is destined for a
X X X X
country to which the OECD Decision does not apply,
and is transported through the United Kingdom.
(2) A person who transports such waste commits an offence if he does so without the
Waste Transfrontier Shipment of Waste Additional of Article 48(3) having been complied with to a facility
provisions duties - Illegal shipments of waste brought (procedural requirements for shipments
Regulations 2007 no. 1711 TFSW 2007 s.36. If the operator of a facility knows or has reasonable grounds to suspect that
[TFSW] waste brought to that facility is an illegal shipment of waste, he must notify the competent
authority immediately and comply with their instructions and failure to do so is an offence.
X X X X
Waste Transfrontier Shipment of Waste Additional duties - Duties on operators of facilities in respect of notifiable waste
Regulations 2007 no. 1711 TFSW 2007 s.37. — (1) This regulation applies to the operator of a facility that receives
[TFSW] notifiable waste.
(2) He commits an offence if he fails to—
(a) ensure that the recovery or disposal of such waste is completed within the time period in
Article 9(7);
(b) comply with any condition of a consent imposed on him by the competent authority of
destination in accordance with Article 10(1);
(c) comply with any condition, imposed by the competent authority of destination in
accordance with Article 10(5), requiring him to keep records specified in that Article and send
them to that competent authority in accordance with that Article;
(d) retain the movement document in accordance with Article 16(c);
(e) provide, in accordance with Article 16(d), confirmation that waste has been received;
X X X X
(f) certify, in accordance with Article 16(e), that non-interim recovery or disposal has been
completed;
(g) keep any document sent to or by the competent authorities in relation to a notified
shipment in accordance with Article 20(1); or
(h) inform the competent authority of destination in accordance with Article 22(1) if a
shipment of waste is rejected.
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Waste Transfrontier Shipment of Waste Additional duties - Interim recovery or disposal operations
Regulations 2007 no. 1711 TFSW 2007 s.38. — (1) This regulation applies to the operator of a facility that carries out
[TFSW] interim recovery or disposal operations.
(2) He commits an offence if he fails to—
(a) provide confirmation to the notifier or competent authorities concerned of the receipt of
waste for interim recovery or disposal operations in accordance with Article 15(c); or
(b) certify, in accordance with Article 15(d), that interim recovery or disposal has been
completed.
(3) He commits an offence if, in the case of waste sent to another facility for subsequent
interim or non-interim recovery or disposal operation, he fails to—
X X X X
(a) obtain from that facility, in accordance with Article 15(e), first paragraph, a certificate that
such operation has been completed; or
(b) transmit that certificate to the notifier and competent authorities concerned in accordance
with Article 15(e), second paragraph.
(4) He commits an offence if he delivers waste for subsequent interim or non-interim recovery
or disposal operations in accordance with Article 15(f), without complying with the notification
requirements of that Article.
Waste Transfrontier Shipment of Waste Additional duties - Duties on operators of facilities in respect of waste subject to general
Regulations 2007 no. 1711 information requirements
[TFSW] TFSW 2007 s.39. — (1) This regulation applies to the operator of a recovery facility that
receives waste subject to the procedural requirements of Article 18(1).
(2) He commits an offence if he fails to—
X X X X
(a) sign the Annex VII document, in accordance with Article 18(1)(b); or
(b) keep the information given pursuant to Article 18(1), in accordance with Article 20(2).
Waste Transfrontier Shipment of Waste Additional duties - Duties on consignees in respect of notifiable waste
Regulations 2007 no. 1711 TFSW 2007 s.40. — (1) This regulation applies to a consignee of notifiable waste.
[TFSW] (2) He commits an offence if he fails to keep any document sent to or by the competent
authorities in relation to a notified shipment in accordance with Article 20(1).
X X X X
Waste Transfrontier Shipment of Waste Additional duties - Duties on consignees in respect of waste subject to general information
Regulations 2007 no. 1711 requirements
[TFSW] TFSW 2007 s.41. — (1) This regulation applies to a consignee of waste subject to the
procedural requirements of Article 18(1).
(2) He commits an offence if he fails to—
(a) sign the Annex VII document, in accordance with Article 18(1)(b);
(b) provide a copy of the contract referred to in Article 18(2), second paragraph, to the X X X X
competent authority upon request, in accordance with that Article; or
(c) keep information given pursuant to Article 18(1), in accordance with Article 20(2).
Waste Transfrontier Shipment of Waste Additional duties - Duties on laboratories
Regulations 2007 no. 1711 TFSW 2007 s.42. — (1) This regulation applies to the operator of a laboratory that receives
[TFSW] waste subject to the procedural requirements of Article 18(1).
(2) He commits an offence if he fails to—
(a) sign the Annex VII document, in accordance with Article 18(1)(b); or
(b) keep the Annex VII document for three years from the date the shipment started.
X X X X
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Waste Transfrontier Shipment of Waste Additional duties - Notifier's duty to keep documents
Regulations 2007 no. 1711 TFSW 2007 s.43. A notifier commits an offence if he fails to keep—
[TFSW] (a) a copy of the movement document in accordance with Article 16(c); or
(b) any document sent to or by the competent authorities in relation to a notified shipment in
accordance with Article 20(1). X X X X
Waste Transfrontier Shipment of Waste Additional duties - Duties on persons who arrange the shipment of waste
Regulations 2007 no. 1711 TFSW 2007 s.44. — (1) This regulation applies to a person who arranges the shipment of
[TFSW] waste subject to the procedural requirements of Article 18(1).
(2) He commits an offence if he fails to—
(a) provide the competent authority with a copy of the contract referred to in Article 18(2)
upon request, in accordance with the second paragraph of that Article; or
X X X X
(b) keep the information given pursuant to Article 18(1), in accordance with Article 20(2).
Waste Transfrontier Shipment of Waste Notice compliance
Regulations 2007 no. 1711
[TFSW]
TFSW 2007 s.52(1) - failure to comply with notice served under TFSW
X X X X X
Waste Transfrontier Shipment of Waste Obstruction
Regulations 2007 no. 1711
[TFSW]
TFSW 2007 s.53(a) - obstructing any person acting in exercise of TFSW
X X X X X
Waste Transfrontier Shipment of Waste Obstruction
Regulations 2007 no. 1711
[TFSW]
TFSW 2007 s.53(b) - giving any information which D knows to be false or misleading to any
person acting in the execution of TFSW
X X X X X
Waste Transfrontier Shipment of Waste Obstruction
Regulations 2007 no. 1711
[TFSW]
TFSW 2007 s.53(c) - failing to give required assistance or produce required documents under
TFSW
X X X X X
Waste Transfrontier Shipment of Waste Falsely obtaining consent
Regulations 2007 no. 1711 TFSW 2007 s.54(a & b) - D for the purpose of obtaining consent to a shipment or approval of
[TFSW] a financial guarantee or equivalent insurance,
(a) makes any statement or declaration that he knows to be false or misleading; or
X X X X X
(b) endeavours to obtain such consent or approval by deception.
Land Quality Sludge (Use in Agriculture) Regulation 3(1) SUiA Reg 1989 - Cause or knowingly permit sludge to be used other than in
Regulations 1989 no. 1263 [SuiA] accordance with the requirements of 3(2), 3(3), 3(4), 3(5) or 3(7) or supply sludge if he knows
or believes that the requirements of 3(6) or 4 will not be fulfilled.
X X
Land Quality Sludge (Use in Agriculture) Reg 4 SUiAg regs use of field after spreading of sludge
Regulations 1989 no. 1263 [SuiA] X
Land Quality Sludge (Use in Agriculture) Regulation 5 SUiA Regs 1989 - Occupier not providing sludge producer with details of sludge
Regulations 1989 no. 1263 [SuiA] used. X X X
Land Quality Sludge (Use in Agriculture) Regulation 6 SuiA Regs 1989 - Failure to maintain a register.
Regulations 1989 no. 1263 [SuiA] X X X
Land Quality Sludge (Use in Agriculture) Regulation 7(1) SUiA Regs 1989 - Fail to make a register, information or facilities available to
Regulations 1989 no. 1263 [SuiA] the Environment Agency. X X X
Land Quality Sludge (Use in Agriculture) Regulation 7(2) SUiA Regs 1989 - Fail to provide details of analysis to persons supplied with
Regulations 1989 no. 1263 [SuiA] sludge. X X
Land Quality Sludge (Use in Agriculture) Regulation 8(2) SuiA Regs 1989 - Sludge producer fails to provide the Environment Agency
Regulations 1989 no. 1263 [SuiA] as soon as maybe after 1st September 1989 of the address and area of any dedicated site to N/A N/A N/A N/A N/A N/A
which he supplies sludge.
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Land Quality Sludge (Use in Agriculture) Regulation 8(3)(a) SuiA Regs 1989 - Sell or offer for sale any crop grown when concentration
Regulations 1989 no. 1263 [SuiA] is exceeded other than in accordance with advice in Reg 8(4). X X
Land Quality Sludge (Use in Agriculture) Regulation 8(3)(b) SuiA Regs 1989 - Grow commercial food crops other than crops intended
Regulations 1989 no. 1263 [SuiA] for animal consumption when the concentration is exceeded. X X
Land Quality Sludge (Use in Agriculture) Offence 8(4) SuiA Regs 1989 - Use of sludge when the soil concentration is exceeded, or on
Regulations 1989 no. 1263 [SuiA] addition of sludge would be exceeded other than in accordance with specific advice. X X
PCBs Environmental Protection Reg 3(1) and 13(1) Failing to register the holding of PCB contaminated equipment after 31
(Disposal of Polychlorinated July 2000.
Biphenyls and other Dangerous
Substances) (England and Wales)
Regulations 2000 no. 1043
X X
PCBS Environmental Protection Reg 4(1) and 13(2)(a) Holding PCBs, used PCBs or any equipment which contains PCBs or
(Disposal of Polychlorinated which having contained PCBs has not been decontaminated.
Biphenyls and other Dangerous
Substances) (England and Wales) X X X
Regulations 2000 no. 1043
PCBs Environmental Protection Reg 4(2)(b) and 13(2)(b) Failure to dispose of PCBs used in certain analysis or research as
(Disposal of Polychlorinated soon as possible once no longer required.
Biphenyls and other Dangerous
Substances) (England and Wales) X X X
Regulations 2000 no. 1043
PCBs Environmental Protection Reg 4(3) and 13(2)(c)(i) Failure to decontaminate or dispose of PCB contaminated
(Disposal of Polychlorinated transformers as soon as possible after the end of their useful life.
Biphenyls and other Dangerous
Substances) (England and Wales) X X X
Regulations 2000 no. 1043
PCBs Environmental Protection Reg 4(8) and 13(2)(c)(ii) Failure to dispose of PCB contaminated equipment by the date
(Disposal of Polychlorinated specified in a direction.
Biphenyls and other Dangerous
Substances) (England and Wales) X X X
Regulations 2000 no. 1043
PCBs Environmental Protection Reg 4(9) and 13(2)(c)(iii) Failure to dispose of equipment containing PCBs separately.
(Disposal of Polychlorinated
Biphenyls and other Dangerous
Substances) (England and Wales) X X X
Regulations 2000 no. 1043
PCBs Environmental Protection Reg 4(40(d), 5 and 13(3) Failure to properly label PCB contaminated equipment.
(Disposal of Polychlorinated
Biphenyls and other Dangerous
Substances) (England and Wales) X X X
Regulations 2000 no. 1043
PCBs Environmental Protection Reg 13(4)(a) Providing false or misleading information,
(Disposal of Polychlorinated
Biphenyls and other Dangerous
Substances) (England and Wales) X X X X X
Regulations 2000 no. 1043
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
PCBs Environmental Protection Reg 13(4)(b) Fail to supply information
(Disposal of Polychlorinated
Biphenyls and other Dangerous
Substances) (England and Wales) X X X X X
Regulations 2000 no. 1043
PCBs Environmental Protection Reg 13(4)(c) provide false or misleading information in response to a notice
(Disposal of Polychlorinated
Biphenyls and other Dangerous
Substances) (England and Wales)
Regulations 2000 no. 1043 X X X X X
Water Resources Water Resources Act 1991 [WRA] Section 24(1) WRA 1991 - To abstract without a licence, or otherwise than in accordance with
a Licence or a Groundwater Investigation Consent (GIC) or abstract without a valid exemption
or cause or permit any other person to do the same.
Waste Resources Water Resources Act 1991 [WRA] Section 24(2) WRA 1991. To construct, extend, install or modify any works, apparatus or
machinery for the purpose of abstraction of groundwater without, or other than in accordance
with a licence, a groundwater investigation consent or a valid exemption or cause or permit
any other person to do the same.
Water Resources Water Resources Act 1991 [WRA] Section 24(4)(b) WRA 1991 - failure of a licence holder to comply with other conditions of a
licence (e.g. conditions not directly related to abstraction such as an obligation to discharge
water elsewhere, to monitor etc.
Water Resources Water Resources Act 1991 [WRA] Section 25(1)(a) WRA 1991 To begin to construct or alter impounding works without a licence
or cause or permit any other person to do the same. X
Water Resources Water Resources Act 1991 [WRA] Section 25(1)(b) WRA 1991 impound water without a licence or to cause or permit any other
person to do the same or failure to apply for a licence when required to do so under a Section
3(2) WA 2003 notice.
X X
Water Resources Water Resources Act 1991 [WRA] Section 25(2)(b) WRA 1991 - failure of a licence holder to comply with the conditions of an
impounding licence.
Water Resources Water Act 2003 [WA] Section 4(4) WA 2003 - Failure to comply with an impounding works notice served under
S4(1) WA 2003. X X X X X
Water Resources Water Resources Act 1991 [WRA] Section 25C WRA - failure to comply with an enforcement notice served under S25A or the
WRA 1991. X X X X X
Water Resources Water Resources Act 1991 [WRA] Section 201(3) WRA - failure to supply information required by a S201 WRA notice.
X X X X X
Water Resources Water Resources Act 1991 [WRA] Section 206(4) - In keeping any record or journal or in furnishing any information which he is
required to keep or furnish under section 198 or 205 above (sinking wells, boreholes,
abstracting water), any person knowingly or recklessly makes any statement which is false in X X X X X
a material particular
Water Resources Water Resources Act 1991 [WRA] Section 80(1) WRA - (1) Abstraction and/or impounding water in contravention of a drought
order or permit
X
Water Resources Water Resources Act 1991 [WRA] Section 80(2) WRA - Failure to construct, maintain or allow access to inspect any apparatus or
records for measuring the flow of water required under a drought order or permit.
X X
Water Resources Water Resources Act 1991 [WRA] Section 173 & sch.20, para. 7 - Obstructing an Environment Agency Officer exercising powers
of entry. X X X X X
Water Resources Water Resources Act 1991 [WRA] Section 174 - Impersonating an Environment Agency Officer.
X X X X X X
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Water Resources Water Resources Act 1991 [WRA] Section 199(1) and Section 199(2) WRA - (1) Failure to notify the Environment Agency of a
proposal to construct or extend a groundwater source for the purpose of searching for
minerals or de-watering operations. (2) Failure to comply with a Conservation Notice issued to
control activities relating to the search for minerals or de-watering operations. X
Water Resources Water Resources Act 1991 [WRA] Section 206(1), (2) & (3) WRA (1&2) Knowingly or recklessly making materially false
statements, e.g. in support of a licence application; (3) Wilfully altering or interfering with a X X X X X X
meter, guage or other required under the provisions of a licence.
Water Resources Water Resources (Environmental Regulation 9(1)(a) & (b) WR(EIA) - (a) beginning a water management project for agriculture
Impact Assessment) (England and (e.g. Irrigation), significant water abstraction or other project likely to have a significant effect
Wales) Regulations 2003 no. 164 due to nature, size or location without Agency consent arising from an environmental impact X
[WR(EIA)] assessment; or (b) breaching the consent conditions.
Water Resources Water Industry Act 1991 [WIA] Section 71(1) WIA - waste water for groundwater sources -
(a) causing or allowing an underground water to run to waste from any well, borehole or other
work or (b) abstracting from any well, borehole or other work, in excess of reasonable
requirements; s.71(2) but in any case not if D was merely testing, cleaning, sterilising,
X
examining or repairing the borehole or well.
Fisheries Salmon and Freshwater Fisheries Section 1 SFFA - Prohibited implements. Using specified instruments to take or kill fish.
Act 1975 [SFFA]
X X X X X
Fisheries Salmon and Freshwater Fisheries Section 2(1) SFFA - Roe and unclean fish. Use for fishing, buying, selling or having in
Act 1975 [SFFA] possession any fish roe, taking or killing or buying, selling or being in possession of immature
or unclean fish. X X X X X
Fisheries Salmon and Freshwater Fisheries Section 2(2) SFFA - Roe and unclean fish. Use for fishing, buying, selling or having in
Act 1975 [SFFA] possession any fish roe, taking or killing or buying, selling or being in possession of immature
or unclean fish. X X X X X
Fisheries Salmon and Freshwater Fisheries Section 2(4) SFFA - Disturbing spawning fish. Wilfully disturbing spawn, spawning fish or
Act 1975 [SFFA] spawning areas.
X X
Fisheries Salmon and Freshwater Fisheries Section 4 SFFA - Poisonous matter and polluting effluent. Discharging matter or effluent that
Act 1975 [SFFA] is poisonous or injurious to fish, spawn, spawning areas or food of fish.
X X
Fisheries Salmon and Freshwater Fisheries Section 5(1) SFFA - Use of prohibited methods. Using explosives, poisons, noxious
Act 1975 [SFFA] substances or electrical devices to take or destroy fish.
X X X X
Fisheries Salmon and Freshwater Fisheries Section 5(3) SFFA - Destruction of dams - Destroying or damaging any dam, flood-gate or
Act 1975 [SFFA] sluice in order to take or destroy fish.
X X
Fisheries Salmon and Freshwater Fisheries Section 9(2) SFFA - Fish passes. - Failure to comply with a notice to make a fish pass or to
Act 1975 [SFFA] maintain an approved fish pass in an efficient state.
X X X
Fisheries Salmon and Freshwater Fisheries Section 12(1) SFFA - Injuring or obstructing fish passes. Altering, obstructing, making less
Act 1975 [SFFA] efficient or scaring or preventing fish using a pass, all in respect to salmon or sea trout.
X X
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Fisheries Salmon and Freshwater Fisheries Section 12(3) SFFA - Passage through fish passes and free gaps. Acting to prevent salmon
Act 1975 [SFFA] or sea trout moving through a fish pass or free gap or attempting to take such fish in passage
through a fish pass. X X
Fisheries Salmon and Freshwater Fisheries Section 13 SFFA - Sluice. Failure to close sluices affecting water flow over dams or through
Act 1975 [SFFA] fish passes at relevant times in waters frequented by salmon and sea trout.
X X X
Fisheries Salmon and Freshwater Fisheries Section 14 SFFA - Screens. Failure to place or maintain a screen or provide a by-wash in
Act 1975 [SFFA] specified circumstances or interfering with a screen placed by the Environment Agency.
X X
Fisheries Salmon and Freshwater Fisheries Section 15 SFFA - Screens. Failure to place or maintain a screen or provide a by-wash in
Act 1975 [SFFA] specified circumstances or interfering with a screen placed by the Environment Agency.
X X
Fisheries Salmon and Freshwater Fisheries Section 18 SFFA - Obstruction in respect to fish passes and screens. Obstructing an
Act 1975 [SFFA] authorised person in constructing or altering a fish pass or free gap or installing a screen
(under sections 9, 10 or 15). X X X X X
Fisheries Salmon and Freshwater Fisheries Section 22 SFFA - Sale, export and consignment of salmon and trout. Any person who buys,
Act 1975 [SFFA] sells, or exposes for sale or has in his possession for sale—
(a) any salmon between 31st August and the following 1st February; or
(b) any trout other than rainbow trout between 31st August and the following 1st March,
shall be guilty of an offence
X X X X X X
Fisheries Salmon and Freshwater Fisheries Section 27 SFFA - Unlicensed fishing
Act 1975 [SFFA] If, in any place in which fishing for fish of any description is regulated by a system of licensing,
he—
(a) fishes for or takes fish of that description otherwise than by means of an instrument which
he is entitled to use for that purpose by virtue of a fishing licence or otherwise than in
accordance with the conditions of the licence; or
X X X X X
Fisheries Salmon and Freshwater Fisheries Section 27 SFFA - Unlicensed fishing
Act 1975 [SFFA] If, in any place in which fishing for fish of any description is regulated by a system of licensing,
he—
(b) has in his possession with intent to use it for that purpose an instrument other than one
which he is authorised to use for that purpose by virtue of such a licence.
X X X X X
Fisheries Salmon and Freshwater Fisheries Section 27 SFFA - Unauthorised fishing
Act 1975 [SFFA]
X X X X X
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Fisheries Salmon and Freshwater Fisheries Section 30 SFFA - Fish movement offences. No significant impact or potential impact on the
Act 1975 [SFFA] receiving fishery or wider environment is likely and there is no evidence of intent b the
offender. X X
Fisheries Salmon and Freshwater Fisheries Section 31 SFFA - Obstruction - Refusing or obstructing authorised entry, search examination
Act 1975 [SFFA] or seizure by a bailiff. X X X X X
Fisheries Salmon and Freshwater Fisheries Section 35 SFFA - Failing to produce a fishing licence - rod and line. Failure to demonstrate
Act 1975 [SFFA] possession* of a rod licence when requested by an authorised person including failing, when
so required to subsequently submit a valid licence to the nominated Environment Agency
office within 7 days, this being extended to an administrative limit of 28 days.
X X X X X
Fisheries Salmon and Freshwater Fisheries Section 35 SFFA - Stating name and address. Failure by a person fishing or about to fish to
Act 1975 [SFFA] state their name and address when requested by an authorised person or giving a false name
and/or address. X X X X X X
Fisheries Salmon and Freshwater Fisheries Byelaw offences. Offences (not including close season offences - for which see 18 & 19
Act 1975 [SFFA] above against regional or national byelaws, being assessed according to intent and impact or
N/A N/A N/A N/A N/A N/A
potential impact on the fishery and environment, juvenile or adult status of offender and/or first
or repeat offence.
Fisheries Salmon Act 1986 [SA] Section 32 SA - Handling salmon in suspicious circumstances. Receiving, retaining, removing
or disposing of salmon in respect to which it is reasonable to suspect an offence has been
committed;
Exempted is anything done in good faith for purposes connected with the prevention or
X X X X X
detection of crime or the investigation or treatment of disease.
Fisheries Water Resources Act 1991 [WRA] Schedule 20, paragraph 7 WRA - Obstruction of a bailiff. Intentionally obstructing an
authorised (warranted) Environment Agency officer in the exercise or a right of entry. X X X X X
Flood Risk Land Drainage Act 1991 [LDA] Section 24(3) & 23(1)(a) - Erection of any mill dam, weir or other like obstruction to the flow of
Management any ordinary watercourse or raise or otherwise alter any such obstruction; and then failing to
comply with notice to abate served under section 24(1).
X
Flood Risk Land Drainage Act 1991 [LDA] Section 24(3) & 23(1)(b) - Erection of any culvert that would be likely to affect the flow of any
Management ordinary watercourse or alter any culvert in a manner that would be likely to affect any such
flow; and then failing to comply with notice to abate served under section 24(1).
X
Flood Risk Land Drainage Act 1991 [LDA] Section 21(4) - Non-compliance with a s.21(2) notice.
Management X X X X X
Flood Risk Land Drainage Act 1991 [LDA] Section 25(6)(b) LDA 1991 (ordinary watercourse - failure to respond) -
Management If an ordinary watercourse is in such a condition that the proper flow of water is impeded, then,
unless the condition is attributable to subsidence due to mining operations (including brine
pumping), the drainage board or local authority concerned may serve a notice to remedy, the
breach of which is an offence. X
The Local Authority, the Agency or the drainage Board concerned have powers to take
enforcement actions. In the absence of an Internal Drainage Board the enforcement of these
flood risk matters should be referred to the Local Authority.
Flood Risk Land Drainage Act 1991 [LDA] Section 53(2) - Failure to notify or false information - Owner of any hereditament in the district
Management in respect of which a drainage rate is levied, upon receiving a notice to state the name and
address of the occupier of that hereditament, (a) fails to provide it , or (b) provides materially
false information.
X X X X X
Flood Risk Land Drainage Act 1991 [LDA] Section 64(6) - obstructing or impeding any person exercising a power conferred by section 64
Management (internal drainage board or local authority) to enter premises. X X X X X
Flood Risk Land Drainage Act 1991 [LDA] Section 66(6) - Breach of bye-laws promulgated by relevant authorities in relation to
N/A N/A N/A N/A N/A N/A
Management watercourses, sluices and floodgates.
Legislation (primary or Variable
Fixed Monetary Restoration Compliance Enforcement
Policy area secondary) containing or listing Offence - Section or regulation, and then description Monetary Stop Notice
Penalty Notice Notice Undertaking
offence Penalty
Flood Risk Land Drainage Act 1991 [LDA] Section 69(4) - Failure to attend inquiry summons, or destroying or altering a required book or
Management document. X X X X X
Flood Risk Land Drainage Act 1991 [LDA] Offence - non-compliance with a S107(3) WRA or S25LDA notice.
Management X X X X X
Flood Risk Water Resources Act 1991 [WRA] Section 176(1)(a) - intentionally or recklessly interferes with any resource main or other pipe
Management vested in the Agency or with any structure, installation or apparatus belonging to the Agency; X X X X X X
Flood Risk Water Resources Act 1991 [WRA] s176(1)(b) - by any act or omission negligently interferes with any such main or other pipe or
Management with any such structure, installation or apparatus so as to damage it or so as to have an effect
on its use or operation
X
Flood Risk Water Resources Act 1991 [WRA] by any act or omission negligently interferes with any such main or other pipe or with any such
Management structure, installation or apparatus so as to damage it or so as to have an effect on its use or X X X X X X
Reservoirs Reservoirs Act 1975 [RA] (Under Section 21(1)(a) RA - To construct a large raised reservoir (whether as a new reservoir or by
consideration) alteration of an existing reservoir that is not a large raised reservoir), or to alter a large raised
reservoir so as to increase its capacity, including the appointment of a construction engineer. X
Reservoirs Reservoirs Act 1975 [RA] (Under Section 21(1)(b) RA - To bring a large raised reservoir back in to use as a reservoir after that
consideration) use has been abandoned. X X X X
Reservoirs Reservoirs Act 1975 [RA] (Under Section 22(1)(b) RA - Failure to comply with notice. Unless there is a reasonable excuse for
consideration) the default or failure, the Undertaker shall be guilty of an offence, if they fail to comply with a
notice from the Enforcement Authority under section 8, 9, 10, 12, or 14.
X X X X X
Reservoirs Reservoirs Act 1975 [RA] (Under Section 22(2) RA - Failure to give notice to enforcement authority. It is an offence for the
consideration) Undertaker to fail without reasonable excuse, to give in due time any notice required by the
Act to the Enforcement Authority.
X X X X X
Reservoirs Reservoirs Act 1975 [RA] (Under Section 22(3) RA - Failure to afford facilities and required information. If the Undertaker or
consideration) persons employed by them without reasonable excuse refuse or knowingly fail to afford to
any persons the facilities required by Section 21(5) or to furnish to any person the information X X X X X
and particulars so required.
Guidance
COLUMN
NUMBER DESCRIPTION NOTES
SECTION 1
1 Policy Area The work area to which the legislation is relevant. Please repeat this in each new row you complete - a new
row for each offence listed in column 7.
2 Legislation Full title of the legislation. Please repeat for each new row you complete. This may be primary or
secondary legislation. It is possible that there will be several offences listed under each piece of legislation.
e.g. under the Water Resources Act
3 RES Bill coverage This refers to the Regulatory Enforcement and Sanctions Bill which is currently being debated in Parliament.
When passed, the RES Act will allow the Secretary of State to set up a civil sanctions regime for specified
regulators. A list of legislation and regulators is in Schedule 6 of the Bill. A copy is attached to the covering
email for this work or can be obtained on the Parliament website.
4 RES Bill coverage Please refer to Schedule 7 of RES Bill
5 European Communities Act This information is needed so that we can cite the correct powers when introducing the RES Bill civil
1972 coverage sanctions
6 Contact Details
7 Offence details Please use a new row for each offence in the legislation relevant to your policy area. Please include
reference to the section or regulation the offence appears in, followed by description. Please see the
wildlife and other examples in the spreadsheet. We have used information from part 2 of EA's enforcement
policy to populate the spreadsheet with offences for some policy areas. Others are still blank. Where
information is included, please check it is full and accurate.
8 Designated enforcement Please indicate all who enforce in relation to this offence e.g. EA, Natural England, Countryside Council for
organisation Wales, local authorities, Forestry Commission, Police etc
9 Is the offence "summary only" "Summary only" means the offence is triable only in a Magistrates Court. "Either way" means the case is
or "either way"? triable in a Magistrates or Crown Court at the discretion of magistrates.
10 Maximum fine that magistrates This is often set at £5000 but for some environmental offences it is higher e.g. £20,000 or £50, 000
may impose (ie when tried
summarily)
SECTION 2 The information required in Section 2 will (i) help us to develop proposals to extend the sentencing powers of
Courts in line with the proposed new framework for sentencing and (i) enable us to replicate key criminal
sentencing powers in the proposed new civil administrative sanctions regime.
Removing financial benefit Please interpret "financial benefit" in broad terms - include any power designed to take away something that
11 has been obtained.
13 Serious Crime Prevention Please complete where the offence has been specifically designated under the Serious Crime Act 2007 for
Orders use of Serious Crime Prevention Orders.
14 Higher Maximum for Courts are expected to give priority to compensation when sentencing. That can include "compensation" in
Compensation Order the form of putting damage right. £5000 is the normal maximum for some offences - if it is set higher for this
offence please indicate the level that applies.
The information required in Section 3 will enable the project to make proposals to fill any gaps in powers and
to seek to simplify procedures. Please indicate whether or not a power is exercised by issue of a
Notice.
SECTION 3
22 Abatement Notice eg. relating to abatement of nuisance
23 Seizure power Seizure of plant, equipment, vehicles, materials etc
25 Current Appeal route Please indicate the appeal route for each power in Section 3 that you have marked with a "Yes". If there are
different appeal routes for different powers, please list the appeal routes and the column numbers to which
each applies.
26 Other powers Please give information about any special powers that go with the offence. However, there is no need to list
general investigation powers that EA has under Environment Act 1995 or Codes of Practice under PACE.
Section 5B(2): Failure to produce authority (waste carrier's licence)
Environment Agency and waste collection authorities - fixed at £300
Environment Agency and waste collection authorities - fixed at £300