Select Committee on Environmental Audit Minutes of Evidence


Annex 1


ContraventionOffence Fine at Magistrates Court (summary offence) Fine at Crown Court (indictable Offence) Time limit
for bringing
proceedings

No notice or conscent given or obtained by owner/occupier under section 28E(1) Section 28P(1)Up to £20,000 per offence UnlimitedNone

No notice given by section 28G body under section 28H(1) Section 28P(2)Up to £20,000 per offence UnlimitedNone

Section 28G body having complied with section 28H(1) then does not give notice of the date it proposes to start the operations under section 28H(f)(a) Section 28P(2)Up to £20,000 per offence UnlimitedNone

Section 28G body having complied with section 28H(1) does not carry out the operations in such a way that minimises the damage Section 28P(3)Up to £20,000 per offence UnlimitedNone

Any person/third party damage destruction or disturbance under section 28P(6) Section 28P(6)Up to £20,000 per offence UnlimitedNone

Failure to comply with the requirements of a management notice under section 28K Section 28P(8)Up to statutory maximum currently £5,000 UnlimitedNone

Failure to comply with the requirements to give notice of change of owner or occupier under section 28Q Section 28Q(4)Currently up to £200 Six months from offence being committed

Failure to comply with a restoration order under section 31 (following an offence under section 28P) Section 31(5)Up to £1,000 plus up to £100 per day of continual non-compliance Six months from offence being committed

Obstructing an officerSection 5 Up to £200Six months from offence being committed







 
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Prepared 7 October 2004