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The Waste and Contaminated Land (Northern Ireland) Order 1997
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The Waste and Contaminated Land (Northern Ireland) Order 1997, Section 5H is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 58(1A) inserted by 2011 c. 5 (N.I.) s. 8(3)
- art. 70(2A)-(2C) inserted by 2011 c. 5 (N.I.) s. 9
[F1Further provision about regulations under Article 5GN.I.
5H.—(1) Regulations under Article 5G may make provision about the enforcement of requirements imposed by or under the regulations.
(2) The regulations may include provision—
(a)creating criminal offences punishable with a fine in respect of failures to comply with the regulations;
(b)about such offences.
(3) The regulations may include provision—
(a)for, about or connected with the imposition of civil sanctions by the Department;
(b)in the case of a civil sanction that requires the payment of an amount, for that amount—
(i)to be specified in the regulations;
(ii)to be determined by the Department in accordance with the regulations;
(c)for such a determination to be made by reference to factors specified or described in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount to be paid may exceed the amount of those costs);
(d)about appeals against the imposition of a civil sanction.
(4) In this Article “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).
(5) The regulations may include provision for the imposition of sanctions of that kind whether or not the conduct in respect of which the sanction is imposed constitutes an offence.
(6) The regulations may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking any statutory provision.]
F1Arts. 5G, 5H and cross-heading inserted (28.2.2022) by Environment Act 2021 (c. 30), ss. 59(2), 147(6) (with s. 144); S.R. 2022/54, art. 2(1)(i)
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