Amends penalties for sea deposit offences: EPA 1990 s. 146
EPA 1990 s. 146 sets penalties for unlicensed sea deposits under FEPA 1985: fine up to £50,000 on summary conviction, imprisonment up to 2 years on indictment.
Part II of the Food and Environment Protection Act 1985 (under which licences are required for deposits by British vessels etc at sea anywhere or by foreign vessels etc in United Kingdom waters or, in certain circumstances, within British fishery limits) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 21 (penalties for offences)— in subsection (2), for the words “2(4) and 9(1)” there shall be substituted the words “and 2(4)”; and after that subsection, there shall be inserted the following subsection— A person guilty of an offence under section 9(1) shall be liable— on summary conviction, to a fine of an amount not exceeding £50,000; and on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 2 (powers in relation to vessels, aircraft, etc. for the purposes of Part I or Part II or both Parts of the Act), in paragraph 3(3) (removal to United Kingdom), after the words “Part I” there shall be inserted the words “or II”.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section amends Part II of the Food and Environment Protection Act 1985 (FEPA), which requires licences for deposits at sea by British vessels anywhere or foreign vessels in UK waters. It replaces the previous penalty for an offence under FEPA section 9(1) (unlicensed deposits) with a fine of up to £50,000 on summary conviction (in a magistrates' court) or, on conviction on indictment (in the Crown Court), an unlimited fine or imprisonment for up to two years, or both. It also makes a minor amendment to Schedule 2 of FEPA to extend powers to remove a vessel to the UK for offences under Part II as well as Part I.
When it applies
- A company dumps industrial waste at sea without a FEPA licence.
- A foreign vessel deposits substances in UK territorial waters without a licence.
- A person is convicted under section 9(1) of FEPA for unlicensed dumping and faces the new penalty.
- An enforcement officer seizes a suspected vessel and removes it to the UK under the amended Schedule 2 powers.
What this section does not say
- Penalties for other FEPA offences (e.g., under section 2(4)) – those remain unchanged.
- The licensing requirements themselves – see FEPA 1985 Part II.
- Civil liability for pollution damage – that is not addressed here.
- Defences to the offence of unlicensed deposit – not covered by this section.
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This page reproduces the text of EPA 1990 s. 146 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.