Clean Neighbourhoods and Environment Act 2005 Explanatory Notes

Section 105 Offences relating to pollution etc: penalties on conviction

267.Section 105 raises the penalties available to the courts for offenders found guilty of offences under paragraph 25 of Schedule 1 to the Pollution Prevention and Control Act 1999. These offences relate to, for example, contravention of the requirement for a permit to operate an installation or mobile plant, failure to comply with or to contravene a condition of a permit and failure to comply with the requirements of an enforcement notice or a suspension notice.

268.This section increases the maximum fines available on summary conviction from £20,000 to £50,000.

269.Subsection (2) raises the maximum sentence available on summary conviction from six to twelve months, in line with a change made by section 154(1) of the Criminal Justice Act 2003 (c.44).

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