The Environmental Permitting (England and Wales) (Amendment) (England) (No. 2) Regulations 2023

These Regulations apply in relation to England and amend the Environmental Permitting (England and Wales) Regulations 2016 (“the principal Regulations”) (S.I. 2016/1154), which make provision for the Environment Agency (“the Agency”) to employ a range of civil sanctions in dealing with offences. These Regulations add to the Agency’s existing powers by allowing the Agency to impose a variable monetary penalty (“VMP”) of any amount in respect of offences under regulation 38 of the principal Regulations which are committed on or after 1st December 2023, other than those offences committed by an establishment or undertaking under regulation 38(5), where the amount of a VMP cannot exceed the fine which may be imposed on summary trial.