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The Offshore Environmental Civil Sanctions Regulations 2018

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PART 1Preliminary

Citation and commencement

1.—(1) These Regulations may be cited as the Offshore Environmental Civil Sanctions Regulations 2018.

(2) These Regulations come into force on 1st October 2018.

Interpretation

2.  In these Regulations—

“fixed monetary penalty” has the meaning given in regulation 4(3);

“FMP offence” has the meaning given in regulation 4(2);

“non-compliance penalty” has the meaning given in regulation 18(3);

“relevant permit” means any of the following—

(a)

a permit within the meaning of the Offshore Chemicals Regulations 2002(1) (authorisation to use or discharge an offshore chemical);

(b)

a permit within the meaning of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005(2)(authorisation to discharge oil);

(c)

a permit within the meaning of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013(3)(written permission to operate an offshore combustion installation);

“Tribunal” means the First-tier Tribunal(4);

“variable monetary penalty” has the meaning given in regulation 11(3);

“VMP offence” has the meaning given in regulation 11(2).

Penalties may only be imposed in respect of acts or omissions occurring on or after 1st November 2018

3.  The power to impose fixed and variable monetary penalties under these Regulations may be exercised only in relation to acts or omissions occurring on or after 1st November 2018.

(1)

S.I. 2002/1355; relevant amending instruments are S.I. 2005/2055 and 2011/982. “Permit” is defined in regulation 2(1).

(2)

S.I. 2005/2055, amended by S.I. 2011/983; there are other amending instruments but none is relevant. “Permit” is defined in regulation 2.

(3)

S.I. 2013/971. “Permit” is defined in regulation 2(1).

(4)

The First-tier Tribunal was established by section 3(1) of the Tribunals, Courts and Enforcement Act 2007 (c.15).

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