Environment Bill

Explanatory Notes

New article 5H Further provision about regulations under Article 5G

500 Paragraph (1) allows the regulations to make provision about the enforcement of requirements imposed by or under the regulations.

501 Paragraph (2) allows the creation of criminal offences, including the detail of such offences, for failing to comply with the regulations which can result in a fine.

502 Paragraph (3) allows the regulations to enable the Department to impose civil sanctions, to determine the amount of a civil sanction if a payment is required under it, to set out what factors should be taken into account when determining the amount, and to include any appeals process.

503 Paragraph (4) defines "civil sanction" as a sanction for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008.

504 Paragraph (5) clarifies that the regulations allow for the imposition of sanctions whether or not the conduct constitutes an offence under the Regulatory Enforcement and Sanctions Act 2008 or whether or not the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008.

505 Paragraph (6) provides the power to make consequential and similar amendments to a number of regulations and consequential amendments to primary legislation by regulations.

506 Subsection (3) of clause 56 amends Article 82 of the Waste and Contaminated Land (Northern Ireland) Order 1997. This inserts paragraphs (1C) and (1D) after paragraph (1B) into Article 82. These paragraphs clarify the Assembly procedure to be used in relation to the new powers contained in new Article 5G. Paragraph (1C) clarifies that paragraph (1) does not apply to regulations mentioned in paragraph (1D). The effect of this is that the regulations mentioned in paragraph (1D) are subject to the affirmative Assembly procedure. Paragraph (1D) states the types of regulations that are subject to affirmative Assembly procedure. These affirmative triggers are the first set of regulations made under new Article 5G, the creation of a criminal offence, increasing the maximum penalty for a criminal offence, the creation of a new financial (civil penalty), and amending primary legislation or retained direct principal legislation.

507 Clause 56 extends and applies to Northern Ireland.

Clause 57: Hazardous waste: England and Wales

508 Subsection (1) introduces amendments that will be made to the Environmental Protection Act 1990 by subsections (2) to (4).

509 Subsection (2) inserts new section 62ZA into the Environmental Protection Act 1990.


Prepared 29th January 2020