Offences: environmental permit violations - EPA 1990 s. 23
Offences under EPA 1990 s.23: contravening permits, failing to give notice, false statements, with penalties up to 2 years imprisonment or fine.
It is an offence for a person— to contravene section 6(1) above; to fail to give the notice required by section 9(2) above; to fail to comply with or contravene any requirement or prohibition imposed by an enforcement notice or a prohibition notice; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 19(2) above; to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made— in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; or for the purpose of obtaining the grant of an authorisation to himself or any other person or the variation of an authorisation; intentionally to make a false entry in any record required to be kept under section 7 above; with intent to deceive, to forge or use a document issued or authorised to be issued under section 7 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to fail to comply with an order made by a court under section 26 below. A person guilty of an offence under paragraph (a), (c) or (l) of subsection (1) above shall be liable: on summary conviction, to a fine or to imprisonment for a term not exceeding three months, or to both ; on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both. A person guilty of an offence under paragraph (b), (g), (h), (i) or (j) of subsection (1) above shall be liable— on summary conviction, to a fine not exceeding the statutory maximum; on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
Section 23 makes it a criminal offence to breach certain requirements under Part I of the Environmental Protection Act 1990. This includes operating without a permit (contravening section 6(1)), failing to give the required notice under section 9(2), and disobeying an enforcement or prohibition notice. It also covers making false statements to obtain a permit or in required records, forging documents, and failing to comply with a court order under section 26.
The penalties depend on the specific offence. The most serious offences (such as operating without a permit or ignoring an enforcement notice) carry up to 3 months imprisonment on summary conviction or up to 2 years on indictment, plus a fine. Other offences, like failing to give notice or making false statements, carry a fine up to the statutory maximum on summary conviction, or up to 2 years imprisonment on indictment.
When it applies
- A factory operates without the required environmental permit.
- A company fails to notify the regulator of a change in operations as required by section 9(2).
- A person knowingly provides false information on a permit application.
- A waste operator ignores a prohibition notice ordering them to stop an activity.
- An individual forges a permit document to deceive the regulator.
What this section does not say
- Civil liability for environmental damage, such as cleanup costs (dealt with under section 27).
- What constitutes a prohibited substance or process (see sections 2 and 3).
- Offences under Part II of the Act, like illegal waste disposal (section 33).
- The process for issuing enforcement or prohibition notices (covered by other sections).
Related sections
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This page reproduces the text of EPA 1990 s. 23 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.