Q&As

What is the time limit for bringing a prosecution for an offence committed under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, reg 38(4)(a) for failing to comply with a notice under EPR 2016, SI 2016/1154, reg 61(1) requiring the provision of information, without reasonable excuse? In addition, does a district council have the power to issue such notices under EPR 2016, SI 2016/1154, reg 61(1)?

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Published on LexisPSL on 10/11/2020

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • What is the time limit for bringing a prosecution for an offence committed under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, reg 38(4)(a) for failing to comply with a notice under EPR 2016, SI 2016/1154, reg 61(1) requiring the provision of information, without reasonable excuse? In addition, does a district council have the power to issue such notices under EPR 2016, SI 2016/1154, reg 61(1)?
  • What is the time limit for bringing a prosecution for an offence committed under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, reg 38(4)(a) for failing to comply with a notice under EPR 2016, SI 2016/1154, reg 61(1) requiring the provision of information, without reasonable excuse?
  • Does a district council have the power to issue such notices under EPR 2016, SI 2016/1154, reg 61(1)?

What is the time limit for bringing a prosecution for an offence committed under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, reg 38(4)(a) for failing to comply with a notice under EPR 2016, SI 2016/1154, reg 61(1) requiring the provision of information, without reasonable excuse? In addition, does a district council have the power to issue such notices under EPR 2016, SI 2016/1154, reg 61(1)?

What is the time limit for bringing a prosecution for an offence committed under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, reg 38(4)(a) for failing to comply with a notice under EPR 2016, SI 2016/1154, reg 61(1) requiring the provision of information, without reasonable excuse?

The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, reg 38(4) creates a number of offences concerning failure to comply with information requests without reasonable excuse, creating false records, or providing false or misleading information. Per EPR 2016, SI 2016/1154, reg 39(4), a person found guilty of an offence committed under EPR 2016, SI 2016/1154, reg 38(4)(a) is liable:

  1. on summary conviction to a fine or up to 12 months' imprisonment, or both

  2. on conviction on indictment, to an unlimited fine, up to two years imprisonment, or both

The agency has the power to accept an enforcement undertaking in respect of such offences (see

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