ENVIRONMENTAL OFFENCES

November 6th, 2017

The Environmental Offences (Fixed Penalties) (England) Regulations 2017, SI 2017/1050, (“the 2017 Regulations”), supplement provisions in Acts for fixed penalties payable in respect of offences relating to the environment. They replace the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007 (“the EOR 2007”) (except for Regulation 2(2)(b) and 3(2)(b) of the EOR 2007). The 2017 Regulations prescribe the ranges within which the amounts of certain fixed penalties that are capable of being specified by a local authority are required to fall (Regulations 2 to 5). The ranges for littering, free distribution of printed matter on designated land and graffiti and fly-posting (see Regulations 4 and 5) are different to those under the EOR 2007. For the period beginning with 1 April 2018 and ending with 31 March 2019, the range is not less than £50 and not more than £150 (Regulation 4). From 1 April 2019, the range is not less than £65 and not more than £150 (Regulation 5).

Regulations 6 and 7 amend the Environmental Protection Act 1990 and the Anti-social Behaviour Act 2003 in relation to England to increase the amount of the penalties for littering, free distribution of printed matter on designated land and graffiti and fly-posting where a local authority does not specify an amount. The penalty for each is increased from £75 to £100.

The 2017 Regulations also state a minimum lesser amount which an authority may treat as payment of the full amount if paid before the end of a period specified by the authority in relation to certain fixed penalties (Regulations 8 to 11).

 

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