The Environmental Civil Sanctions (Wales) Order 2010

Article 4

SCHEDULE 5 Offences

In the following table—

• “FMP” is a fixed monetary penalty;

• “VMP” is a variable monetary penalty;

• “CN” is a compliance notice;

• “RN” is a restoration notice;

• “SN” is a stop notice;

• “EU” is an enforcement undertaking.

  Provision creating an offence	FMP	VMP	CN	RN	SN	EU
  Salmon and Freshwater Fisheries Act 1975(1)
  section 2(1)	No	Yes	No	No	No	No
  section 2(2)	No	Yes	No	No	No	No
  section 2(4)	No	Yes	No	Yes	Yes	Yes
  section 4(1)	No	Yes	No	Yes	Yes	Yes
  section 5(4)	No	Yes	No	Yes	Yes	Yes
  section 9(2)	No	Yes	No	Yes	No	Yes
  section 12(1)	No	Yes	No	Yes	Yes	Yes
  section 12(3)	No	Yes	No	Yes	Yes	Yes
  section 13(2)	No	Yes	No	Yes	Yes	Yes
  section 14(8)	No	Yes	No	Yes	Yes	Yes
  section 15(2)	No	Yes	No	Yes	Yes	Yes
  section 18(1)	No	Yes	No	No	No	No
  section 27	No	Yes	No	No	No	No
  section 31(2)	No	Yes	No	No	No	No
  Salmon Act 1986(2)
  section 32	No	Yes	No	No	No	No
  Environmental Protection Act 1990(3)
  section 33(6)	No	No	No	No	Yes	No
  section 71(3)	No	Yes	No	No	No	No
  Water Resources Act 1991(4)
  section 24(4)(a)	Yes	Yes	Yes	Yes	Yes	Yes
  section 24(4)(b)	Yes	Yes	Yes	Yes	Yes	Yes
  section 25(2)(a)	Yes	Yes	Yes	Yes	Yes	Yes
  section 25(2)(b)	Yes	Yes	Yes	Yes	Yes	Yes
  section 25C	No	Yes	No	No	No	No
  section 80(1)	Yes	Yes	Yes	Yes	Yes	Yes
  section 80(2)	Yes	Yes	Yes	Yes	Yes	Yes
  section 161D(1)	No	Yes	No	No	No	No
  section 199(4)	No	Yes	No	No	No	No
  section 201(3)	No	Yes	No	No	No	No
  section 202(4)	No	Yes	No	No	No	No
  section 206(1)	No	Yes	No	No	No	No
  section 206(3)	No	Yes	No	No	No	No
  section 206(3A)	No	Yes	No	No	No	No
  section 206(4)	No	Yes	No	No	No	No
  Schedule 20, paragraph 7	No	Yes	No	No	No	No
  Water Industry Act 1991(5)
  section 120(9)	Yes	Yes	Yes	Yes	No	Yes
  section 130(7)	Yes	Yes	Yes	Yes	No	Yes
  section 133(5)	No	Yes	No	Yes	No	No
  section 135A(2)(a)	No	Yes	No	No	No	No
  Land Drainage Act 1991(6)
  section 53(2)	No	Yes	No	No	No	No
  section 64(6)	No	Yes	No	No	No	No
  section 69(4)	No	Yes	No	No	No	No
  Environment Act 1995(7)
  section 110(1)	No	Yes	No	No	No	No
  section 110(2)(a)	No	Yes	No	No	No	No
  section 110(2)(b)	No	Yes	No	No	No	No
  section 110(2)(c)	No	Yes	No	No	No	No
  section 110(3)	No	Yes	No	No	No	No
  Water Act 2003(8)
  section 4(4)	No	Yes	No	No	No	No

(1)

1975 c. 51; section 2(1) was amended by the Marine and Coastal Access Act 2009 (c. 23), section 216(1), (2)(a) and (b); section 2(2) was amended by the Marine and Coastal Access Act 2009, section 216(1), (3)(a) and (b); section 4(1) was amended by the Marine and Coastal Access Act 2009, section 321, Schedule 22, Part 5 (B); section 14(8) was substituted by the Environment Act 1995 (c. 25), section 105, Schedule 15, paragraph 13; section 15(2) was amended by the Environment Act 1995, section 105, Schedule 15, paragraph 14(2); section 27 was amended by the Marine and Coastal Access Act 2009, section 233(1), Schedule 16, paragraphs 1 and 11.

(2)

1986 c. 62; section 32 was amended by the Marine and Coastal Access Act 2009, sections 229 and 321, Schedule 22, Part 5(B).

(3)

1990 c. 43; section 33(6) was amended by the Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), regulations 73, 74(2), Schedule 21, Part 1, paragraphs 2, 4(1), (5) and Schedule 23; section 71(3) was amended by the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 46(2)(b) and by the Environment Act 1995, sections 112, 120, Schedule 19, paragraph 4(2) and Schedule 24.

(4)

1991 c. 57; section 25(2)(b) was amended by the Water Act 2003 (c. 37), sections 2(1), (3), 101(2) and Schedule 9, Part 1; section 25C was inserted by the Water Act 2003, section 30; section 80(1) was amended by the Environment Act 1995, section 120, Schedule 22, paragraph 141(a); section 80(2) was amended by the Environment Act 1995, section 120, Schedule 22, paragraphs 141(b) and (c); section 161D was inserted by the Environment Act 1995, section 120, Schedule 22, paragraph 162; section 199(4) was amended by the Water Act 2003, sections 8(1) and (5)(b); section 201(3) was substituted by the Water Act 2003, section 70; section 202(4) was amended by the Environment Act 1995, section 120, Schedule 22, paragraphs 128 and 172(1); section 206(1) was substituted by the Environment Act 1995, section 112, Schedule 19, paragraph 5(2) and was amended by the Water Act 2003, section 101(1), Schedule 7, Part 1, paragraphs 1 and 11; section 206(3A) was inserted by the Environment Act 1995, section 112, Schedule 19, paragraph 5(4); Schedule 20, paragraph 7 was amended by the Environment Act 1995, section 120, Schedule 22, paragraph 188.

(5)

1991 c. 56; section 120(9) was substituted by the Environment Act 1995, section 120, Schedule 22, paragraph 105(4); section 130(7) was substituted by the Environment Act 1995, section 120, Schedule 22, paragraph 108(3); section 133(5) was substituted by the Environment Act 1995, section 120, Schedule 22, paragraph 111; section 135A(2)(a) was inserted by the Environment Act 1995, section 120, Schedule 22, paragraph 113.

(6)

1991 c. 59.

(7)

1995 c. 25.

(8)

2003 c. 37.