Q&As

What is the limitation period for bringing a prosecution for failing to pay a fixed penalty notice under section 33ZA of the Environmental Protection Act 1990?

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Produced in partnership with Denis Edwards of Normanton Chambers
Published on: 24 June 2020
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Section 33ZA of the Environmental Protection Act 1990 (EPA 1990) provides for a penalty notice to be issued and complied with instead of a conviction for an offence contrary to EPA 1990, s 33. If the penalty notice is not complied with, then a prosecution for the offence contrary to EPA 1990, s 33 may be brought.

There is no specific provision in EPA 1990 imposing a limitation period within which a prosecution for an offence committed under EPA 1990, s 33 must be brought. This means that the general law on limitation periods for prosecutions applies.

The starting

Denis Edwards
Denis Edwards

Normanton Chambers

Denis Edwards practises in all areas of Public law, EU Law and Environmental Law. His extensive public law and judicial review practice includes all of the fields of local government law, including planning, education law and community care. His EU law practice includes environmental law, public procurement, VAT, the four freedoms and social security law.

Denis has represented both claimants and defendants, including central and local government in numerous judicial review claims and appeared in courts and tribunals at all levels, including the Supreme Court, House of Lords, Court of Appeal, High Court, Upper Tribunal, First Tier Tribunal and Employment Tribunal. He has extensive experience of acting for and advising claimants and regulatory bodies in several areas governed by EU law, including VAT, health and safety at work, environmental law, food law, data protection and information law. He has particular specialisms on the implications of VAT for land and also in all areas of marine licensing and planning, including harbour orders.

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