Section 30Z(3) (failure to give notice of proposed abandonment of a mine timeously)

YES

YES

YES

LOW

Section 14K(1) (failing to comply with a species control order)

YES

YES

YES

MEDIUM

Section 14K(2) (obstruction)

YES

NO

NO

LOW

Section 14K(3) (carrying out an excluded operation)

YES

YES

YES

MEDIUM

Regulation 9 (offences in relation to the use of sludge on agricultural land)

YES

YES

YES

MEDIUM

Section 1(1) (transporting controlled waste without registration)

YES

YES

YES

LOW

Section 5(4) (obstructing an authorised officer or constable or failing to comply with requirements in exercise of enforcement powers)

YES

NO

NO

LOW

Section 6(9) (obstruction: seizure of vehicles)

YES

NO

NO

LOW

Section 7(3)(a) (failure to provide information)

YES

YES

YES

LOW

Section 7(3)(b) (false or misleading information)

YES

YES

YES

HIGH

YES

YES

YES

MEDIUM

YES

YES

YES

LOW

YES

YES

YES

HIGH

Section 38(10) or (11) (failure to comply with measures required following suspension of licence)

YES

YES

YES

MEDIUM

YES

YES

YES

HIGH

Section 44(2) (making false entries)

YES

YES

YES

HIGH

Section 57(5) (failure to comply with ministerial direction relating to waste acceptance etc.)

YES

YES

YES

LOW

Section 59(5) (failure to comply with notice requiring removal of waste)

YES

YES

YES

MEDIUM

Section 63(2) (offences in relation to depositing waste other than controlled waste)

YES

YES

YES

MEDIUM

YES

YES

YES

LOW

YES

YES

YES

MEDIUM

NO

YES

YES

Section 33(1) (failure to display copies of documents)

YES

NO

YES

LOW

Section 33(2) (taking down or defacing documents)

YES

NO

YES

LOW

Section 33(3) (failure to comply with requirements relating to site or disposal records)

YES

YES

YES

LOW

YES

YES

YES

HIGH

YES

YES

YES

LOW

Section 27(3)(b) (false statements)

YES

YES

YES

HIGH

Section 110(1) (obstruction)

YES

NO

NO

LOW

YES

NO

NO

LOW

Section 110(2)(b) (failure to provide facilities or assistance)

YES

NO

NO

LOW

Section 110(2)(c) (preventing answers)

YES

NO

NO

LOW

Section 110(3) (pretending to be an authorised person)

YES

NO

NO

LOW

Regulation 18(1) (failure to comply with regulations) insofar as it relates to—

1. (a)

   a failure to comply with regulation 17 or 17A of those Regulations;

YES

YES

YES

MEDIUM

1. (a)

   a failure to comply with any other obligation or requirement.

YES

YES

YES

LOW

Regulation 18(3) (false or misleading statements)

YES

YES

YES

HIGH

Regulation 18(4) (false entries in records)

YES

YES

YES

HIGH

Regulation 13(1) (holding contaminated equipment without registration)

YES

YES

YES

MEDIUM

Regulation 13(2) (offences relating to holding, disposing and decontaminating of equipment)

YES

YES

YES

MEDIUM

Regulation 13(3) (failure to comply with labelling requirements)

YES

YES

YES

LOW

Regulation 13(4)(a) (false or misleading registration information)

YES

YES

YES

HIGH

Regulation 13(4)(b) (failure to provide inventories information)

YES

YES

YES

LOW

Regulation 13(4)(c) (false or misleading information)

YES

YES

YES

HIGH

Section 13(2) (failure to maintain records, gather information, or make returns etc.)

YES

YES

YES

LOW

Section 13(4)(a) (obstruction)

YES

NO

NO

LOW

YES

NO

NO

LOW

Section 18(9)(a) (failure to comply with information notice etc.)

YES

YES

YES

LOW

Section 18(9)(b) (altering, supressing or destroying documents)

YES

YES

YES

HIGH

Regulation 19(1) (landfill operator breaching certain prohibitions, criteria and requirements)

YES

YES

NO

MEDIUM

Regulation 11 insofar as it relates to a failure to comply with requirements under—

regulation 2(1), 2(2), 3(1) or 6 of those Regulations;

YES

YES

YES

MEDIUM

regulation 10 of those Regulations

YES

YES

YES

LOW

Regulation 40(1)(a) (breaching the producer registration obligation)

YES

YES

YES

MEDIUM

Regulation 40(1)(b) (breaching producer recovery and recycling obligations)

YES

YES

YES

MEDIUM

Regulation 40(1)(c) (breaching the certifying obligation)

YES

YES

YES

LOW

Regulation 40(3) (breaching operator recovery and recycling obligations)

YES

YES

YES

MEDIUM

Regulation 40(4) (contravening requirements or conditions of accreditation)

YES

YES

YES

MEDIUM

Regulation 40(5) (false or misleading information)

YES

YES

YES

HIGH

Regulation 40(6) (failure to comply with notice requirements)

YES

YES

YES

MEDIUM

Regulation 40(7) (obstruction)

YES

NO

NO

LOW

Regulation 40(8)(a) (holding companies; failure to comply with recovery and recycling obligations)

YES

YES

YES

MEDIUM

Regulation 40(8)(b) (holding companies; failure to furnish a certificate of compliance)

YES

YES

YES

LOW

Regulation 10(6) (failure by operator to take preventive measures, etc.)

YES

YES

YES

MEDIUM

Regulation 11(7) (failure by operator to identify potential remedial measures, etc.)

YES

YES

YES

MEDIUM

Regulation 12(5) (failure by operator to take remedial action, etc.)

YES

YES

YES

MEDIUM

Regulation 18(4) (failure to provide required information)

YES

YES

YES

LOW

Regulation 89(1)(a)(i) to (xx) (producer failing to comply with requirements etc.)

YES

YES

YES

MEDIUM

Regulation 89(1)(a)(xxi) (failure to declare battery producer registration number)

YES

YES

YES

LOW

Regulation 89(1)(b) (false or misleading information), insofar as it relates to information furnished under regulation 11 (information provided to operators of battery compliance schemes), 27 (application by a small producer to register) or 29 (notification of changes to registration details)

YES

YES

YES

HIGH

Regulation 89(1)(c) (false or misleading information)

YES

YES

YES

HIGH

Regulation 89(1)(d) (false or misleading information) insofar as it relates to reports furnished under regulation 13 (reporting: portable batteries placed on the market by a small producer) or 16(5) or (6) (reporting: portable batteries)

YES

YES

YES

HIGH

Regulation 89(2)(a)(scheme operator failing to comply with requirements etc.)

YES

YES

YES

MEDIUM

Regulation 89(2)(b) (false or misleading information)

YES

YES

YES

HIGH

Regulation 89(2)(c) (false or misleading declaration of compliance by scheme operator)

YES

YES

YES

HIGH

Regulation 89(4)(a) (approved battery treatment operator failing to comply with requirements etc.)

YES

YES

YES

MEDIUM

Regulation 89(4)(b) (false or misleading report by approved battery treatment operator)

YES

YES

YES

HIGH

Regulation 89(6)(a) (disposing of waste automotive and industrial batteries in landfill or by incineration)

YES

YES

YES

MEDIUM

Regulation 89(6)(b) (failure to comply with requirement for approval of battery treatment operators and exporters)

YES

YES

YES

MEDIUM

Regulation 89(6)(c) (disclosing information in contravention of regulation 82) insofar as the information disclosed under or by virtue of regulation 82(1) was disclosed by SEPA

YES

YES

YES

LOW

Regulation 89(6)(d) (failure to comply with an enforcement notice) insofar as enforcement notice was served by SEPA

YES

YES

YES

MEDIUM

Regulation 89(6)(e) (failure to comply with a requirement; powers of entry and inspection) insofar as the requirement was imposed by an enforcement officer authorised by SEPA

YES

NO

NO

LOW

Regulation 89(6)(f) (obstruction) insofar as the enforcement officer was authorised by SEPA

YES

NO

NO

LOW

Regulation 89(6)(g) (failure to provide assistance or information) insofar as the requirement was imposed by an enforcement officer authorised by SEPA

YES

NO

NO

LOW

Regulation 89(6)(h) (failure to produce records or information) insofar as the requirement to produce a record or information was imposed by an enforcement officer authorised by SEPA

YES

YES

YES

LOW

Regulation 89(6)(i) (false or misleading information to an enforcement officer) insofar as the information was provided to an enforcement officer authorised by SEPA

YES

YES

YES

HIGH

Section 47(1)(a) (failure to provide information or documents required by notice)

YES

YES

YES

LOW

Section 47(1)(b) (disposal, altering etc. of documents)

YES

YES

YES

HIGH

Section 80(5) (obstruction)

YES

NO

NO

LOW

Regulation 6(1)(a) (offences related to waste information requests)

YES

YES

YES

LOW

Regulation 6(1)(b) (false or misleading statements)

YES

YES

YES

HIGH

Section 5(2) (failure to comply: duty of multiple reservoir managers to co-operate)

YES

YES

YES

HIGH

Section 17(1) or (2) (failure to comply with registration requirements)

YES

YES

YES

HIGH

Section 42(1)(a) (failure to give notice of proposed construction or alteration works), in so far as—

1. (a)

   it relates to a controlled reservoir subject to alteration, where—

1. (i)
   the reservoir is a high-risk reservoir50;

YES

YES

YES

MEDIUM

1. (i)

   the reservoir is a not a high-risk reservoir;

YES

YES

YES

LOW

1. (a)

   it relates to a controlled reservoir being constructed.

YES

YES

YES

MEDIUM

Section 42(1)(b) (failure to appoint a construction engineer), in so far as—

1. (a)

   it relates to a controlled reservoir subject to alteration, where—

1. (i)

   the reservoir is a high-risk reservoir;

YES

YES

YES

MEDIUM

1. (i)

   the reservoir is a not a high-risk reservoir.

YES

YES

YES

LOW

1. (a)

   it relates to a controlled reservoir being constructed.

YES

YES

YES

HIGH

Section 42(1)(c) (failure to notify SEPA of the appointment of construction engineer), in so far as—

1. (a)

   it relates to a controlled reservoir subject to alteration, where—

1. (i)

   the reservoir is a high-risk reservoir;

YES

YES

YES

MEDIUM

1. (i)

   the reservoir is a not a high-risk reservoir.

YES

YES

YES

LOW

1. (a)

   it relates to a controlled reservoir being constructed.

YES

YES

YES

MEDIUM

Section 42(1)(d) (failure to comply with direction as to the taking of safety measures in safety report)

YES

YES

YES

HIGH

Section 42(1)(e) (failure to comply with preliminary certificate or final certificate), where—

1. (a)

   the reservoir is a high-risk reservoir;

YES

YES

YES

HIGH

1. (a)

   the reservoir is a not a high-risk reservoir.

YES

YES

YES

MEDIUM

Section 52(1)(a) (failure to appoint inspecting engineer and carry out required inspections)

YES

YES

YES

HIGH

Section 52(1)(b) (failure to notify SEPA of appointment of inspecting engineer)

YES

YES

YES

MEDIUM

Section 52(1)(c) (failure to comply with direction as to the taking of measures in inspection report)

YES

YES

YES

HIGH

Section 52(1)(d) (failure to appoint supervising engineer)

YES

YES

YES

HIGH

Section 52(1)(e) (failure to notify SEPA of appointment of supervising engineer)

YES

YES

YES

MEDIUM

Section 52(1)(f) (failure to comply with direction of supervising engineer as to carrying out of visual inspection), where—

1. (a)

   the reservoir is a high-risk reservoir;

YES

YES

YES

HIGH

1. (a)

   the reservoir is a not a high-risk reservoir.

YES

YES

YES

MEDIUM

Section 52(1)(g) (failure to comply with notice of identification of something which might affect the safety of the reservoir)

YES

YES

YES

HIGH

Section 52(1)(h) (failure to keep record of water levels etc.), where—

1. (a)

   the reservoir is a high-risk reservoir;

YES

YES

YES

MEDIUM

1. (a)

   the reservoir is a not a high-risk reservoir.

YES

YES

YES

LOW

Section 52(2) (failure to give inspection engineer copy of final certificate and latest inspection report), where—

1. (a)

   the reservoir is a high-risk reservoir;

YES

YES

YES

MEDIUM

1. (a)

   the reservoir is a not a high-risk reservoir.

YES

YES

YES

LOW

Section 58(1)(a) (failure to maintain records etc.), where—

1. (a)

   the reservoir is a high-risk reservoir;

YES

YES

YES

MEDIUM

1. (a)

   the reservoir is a not a high-risk reservoir.

YES

YES

YES

LOW

Section 58(1)(b) (failure to display emergency response information), where—

1. (a)

   the reservoir is a high-risk reservoir;

YES

YES

YES

MEDIUM

1. (a)

   the reservoir is a not a high-risk reservoir.

YES

YES

YES

LOW

Section 66(1) (failure to comply with a notice regarding appointment of engineer or to notify appointment)

YES

YES

YES

HIGH

Section 70(1) (failure to comply with enforcement notice)

YES

YES

YES

HIGH

Section 94(1) (obstruction or preventing access to land)

YES

NO

NO

LOW

Section 99(1) (failure to provide reasonable facilities to engineers or information or assistance to SEPA)

YES

YES

NO

MEDIUM

Section 99(2) (altering, suppressing or destroying documents)

YES

YES

YES

HIGH

Section 103(4) (failure to provide notice of revocation of appointment or resignation of engineer), where—

1. (a)

   the reservoir is a high-risk reservoir;

YES

YES

YES

HIGH

1. (a)

   the reservoir is a not a high-risk reservoir.

YES

YES

YES

MEDIUM

Regulation 44(1)(a) (breaching prohibition on unauthorised controlled activity)

YES

YES

YES

MEDIUM

Regulation 44(1)(b) (failure to comply with a general binding rule)

YES

YES

YES

MEDIUM

Regulation 44(1)(c) (failure to comply with a registration)

YES

YES

YES

MEDIUM

Regulation 44(1)(d) (failure to comply with a water use licence)

YES

YES

YES

MEDIUM

Regulation 44(1)(e) to (i) (enforcement powers, obstruction, etc.)

YES

NO

NO

LOW

Regulation 44(1)(j) (failure to comply with an enforcement notice)

YES

YES

YES

MEDIUM

Regulation 44(1)(k) (failure to comply with an information notice)

YES

YES

YES

LOW

Regulation 44(1)(l) to (n) (false or misleading statements, false entries and forged documents etc.)

YES

YES

YES

HIGH

Regulation 44(1)(o) (causing or permitting the committing of an offence), where the person caused or permitted a person to commit an offence—

1. (a)

   under regulation 44(1)(a), (b), (c), (d) or (j);

YES

YES

YES

MEDIUM

1. (a)

   under regulation 44(1)(e), (f), (g), (h) or (i);

YES

NO

NO

LOW

1. (a)

   under regulation 44(1)(k);

YES

YES

YES

LOW

1. (a)

   under regulation 44(1)(l), (m) or (n)

YES

YES

YES

HIGH

Regulation 19(1) (carrying on an exempt activity without registration)

YES

YES

YES

MEDIUM

Regulation 28(6) (carrying on an exempt activity in breach of the registration obligations)

YES

YES

YES

MEDIUM

Regulation 30(1) (unregistered broker or dealer etc.)

YES

YES

YES

MEDIUM

Paragraph 12(1) of Schedule 4 (unregistered collecting or transporting of waste)

YES

YES

YES

MEDIUM

Paragraph 14(4) of Schedule 4 (failure to comply with record keeping obligations)

YES

YES

YES

LOW

Paragraph 14(6) or (7) of Schedule 4 (false records)

YES

YES

YES

HIGH

Regulation 67(1)(a) (contravention of permit requirements)

YES

YES

YES

MEDIUM

Regulation 67(1)(b) (failure to comply with conditions of a permit)

YES

YES

YES

MEDIUM

Regulation 67(1)(c) (failure to notify SEPA 14 days before change in operation)

YES

YES

YES

LOW

Regulation 67(1)(d) (failure to comply with an enforcement notice, suspension notice or closure notice)

YES

YES

YES

MEDIUM

Regulation 67(1)(e) (failure to comply with information notice)

YES

YES

YES

LOW

Regulation 67(1)(f) (failure to notify SEPA immediately of breach of permit)

YES

YES

YES

LOW

Regulation 67(1)(fa) (carrying out a substantial refurbishment of an installation without authorisation)

YES

YES

YES

MEDIUM

Regulation 67(1)(g) to (i) (false or misleading information, false entries, forging documents etc.)

YES

YES

YES

HIGH

Regulation 67(1)(k) (failure to comply with duties on operators in Part 3 of Schedule 2)

YES

YES

YES

LOW

Article 82(1) (false or misleading statements) insofar as the statement is made in purported compliance with article 45, or Parts 9 to 12 of that Order

YES

YES

YES

HIGH

Article 82(2) (failure to comply with enforcement notice) insofar as the enforcement notice was served by SEPA or the Scottish Ministers

YES

YES

YES

MEDIUM

Article 82(4) (pretending to be an unauthorised person) insofar as pretending to be a person authorised by SEPA.

YES

NO

NO

LOW

YES

YES

YES

LOW

Regulation 90(1)(a) (failure to comply with producer obligations etc. under regulations 11 to 20)

YES

YES

YES

MEDIUM

Regulation 90(1)(b) or (c) (false or misleading information)

YES

YES

YES

HIGH

Regulation 90(2) (failure to comply with producer obligations etc. under regulations 21 to 24)

YES

YES

YES

LOW

Regulation 90(3)(b) or (c) (false or misleading information)

YES

YES

YES

HIGH

Regulation 90(4) (failure of an operator to ensure that systems are set up to prioritise the reuse of whole appliances)

YES

YES

YES

MEDIUM

Regulation 90(6) (record keeping: distribution)

YES

YES

YES

LOW

Regulation 90(7)(a) (failure of an operator of an approved treatment facility or approved exporter to comply with requirements) insofar as it relates to regulation 54(2), 66 or 67

YES

YES

YES

LOW

Regulation 90(7)(a) (failure of an operator of an approved treatment facility or approved exporter to comply with requirements) insofar as it relates to regulation 54(1) or 63

YES

YES

YES

MEDIUM

Regulation 90(7)(b) (false or misleading information: report by operator of authorised treatment facility or approved exporter)

YES

YES

YES

HIGH

Regulation 90(8)(a) (miscellaneous offences) insofar as it relates to regulations 47 and 51

YES

YES

YES

LOW

Regulation 90(8)(a) (miscellaneous offences) insofar as it relates to regulation 60

YES

YES

YES

MEDIUM

Regulation 90(8)(b) (failure to comply with an enforcement notice)

YES

YES

YES

MEDIUM

Regulation 90(8)(c) (entry and inspection powers; failure to comply)

YES

NO

NO

LOW

Regulation 90(8)(d) (obstruction)

YES

NO

NO

LOW

Regulation 90(8)(e) (failure to give assistance or information)

YES

NO

NO

LOW

Regulation 90(8)(f) (failure to produce information when required)

YES

YES

YES

LOW

Regulation 90(8)(g) (false or misleading information)

YES

YES

YES

HIGH

Regulation 90(9) (failure to collect or transport waste electrical and electronic equipment in a way that optimises reuse and recycling)

YES

YES

YES

MEDIUM

Regulation 8(1) (qualifications and supervision)

YES

YES

YES

MEDIUM

Regulation 8(2) (offences related to training)

YES

YES

YES

MEDIUM

Regulation 15(a) (preventing a person from appearing or answering questions)

YES

NO

NO

LOW

Regulation 15(b) (obstruction)

YES

NO

NO

LOW

Regulation 15(c) (false or misleading information)

YES

YES

YES

HIGH

Regulation 15(d) (failure to produce records)

YES

YES

YES

LOW