Part 5

Waste
Chapter 2

Deposit and disposal of waste

Offence of unlawful deposit of waste etc

Penalties on conviction
41
1
In section 33 of the Environmental Protection Act 1990 (offence of unauthorised or harmful deposit etc of waste), for subsections (8) and (9)
(penalties) substitute—
8
A person who commits an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £50,000 or both;
b
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.
2
Subsection (1) does not have effect in relation to offences committed before the commencement of this section.
3
In relation to offences committed after 2 May 2022, the amendment made by this section has effect as if for “ the general limit in a magistrates’ court ” there were substituted “ 6 months ”.
Words in s. 41(3) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
Words in s. 41(3) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1