SCHEDULES
SCHEDULE 5Emissions limit duty: monitoring and enforcement
Financial penalties
3
1
Enforcement regulations may authorise an enforcing authority to serve a notice on an operator who has breached the emissions limit duty requiring the operator to pay such a financial penalty in respect of the breach as is specified in, or calculated in accordance with, the notice or the regulations.
2
Enforcement regulations which provide for the imposition of financial penalties—
a
may not permit an enforcing authority to impose a financial penalty in respect of a breach of the emissions limit duty in any year which began more than 5 years before the year in which the notice imposing the penalty is served;
b
may require enforcing authorities, in imposing such penalties, to have regard to any guidance issued by the appropriate national authority;
c
may provide for such penalties to be instead of, or in addition to, requirements imposed under enforcement notices.