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[UK] Amendment to Environmental Permitting Regulations

New Environmental Permitting Regulations came into force in England and Wales on the 6th April 2015. They amend the Environmental Permitting Regulations 2010 in relation to England only.

Amendment of Environmental Permitting Regulations 2010

These regulations amend the Environmental Permitting Regulations 2010 by providing for an ‘enforcement undertaking’. This allows the “Environment Agency to accept an enforcement undertaking in respect of an offence under regulation 38(1), (2), (4)(a), (5)(a) or (6) of those Regulations, committed in relation to a regulated or exempt facility in England.”

Compliance with the undertaking given to the Environment Agency

The enforcement undertaking is an undertaking from a person suspected of having committed an offence to take certain actions within a specified period of time. If the Environment Agency accepts and enforcement undertaking from a person, that person may not be convicted of the offence to which it relates unless they fail to comply with the undertaking they have given to the Environment Agency.  Red-on-linre EHS Legal expert

Sources:

SI 2015/324 – The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2015 on www.legislation.gov.uk published on the 24th February 2015.

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