Penalties for non-compliance with enforcement notices

Q: Is regulation 24(1) of Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006 a strict liability offence?

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

regulation 24(1) of Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006

Status not determined
Strict liability
Either way
Agriculture, plant health, food production and rural affairs

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 Any person who carries out work in relation to a relevant project in contravention of a requirement to discontinue that work in an enforcement notice served on him in accordance with regulation 23 shall be guilty of an offence and liable— a on summary conviction to a fine not exceeding the statutory maximum; or b on conviction on indictment to a fine.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds: a person
Conduct: contravening a requirement of the instrument
Fault element: Strict liability
Burden of proof: No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 24(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

On these words an offence is committed where a person carries out work in relation to a relevant project in contravention of a requirement to discontinue that work in an enforcement notice served on him in accordance with regulation 23.
Doing the thing the provision prohibits under the Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006, whatever the reason for doing it.
Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial: Either way — magistrates’ court or Crown Court
Maximum fine: £5,000
Standard scale: Level 5
Maximum prison (summary): Not determined

in Northern Ireland a reference to a level is construed as referring to the standard scale as it currently stands (Fines and Penalties (NI) Order 1984 art.5(3)), not as it stood when the instrument was made.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Imposition of community and custodial sentences: definitive guideline All courts in England and Wales
When a community order or custody is justified at all, and the presumption against short custodial sentences.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status: Status not determined
Made: 7 December 2006
In force from: 4 January 2007
Extent: Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

The Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2000 (“the 2000 Regulations”) provided for the implementation in relation to forestry projects of Council Directive 85/337/EEC (“the Directive”)(as amended by Council Directive 97/11/EC) on the assessment of the effects of certain public and private projects on the environment. The Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006 (“the Regulations”) restate the provisions of the 2000 Regulations and implement amendments made to the Directive by Council Directive 2003/35/EC (that provides for public participation in certain environmental decision making). The 2000 Regulations are therefore revoked. In Part 1 the Regulations describe projects that are relevant under the Regulations and restrictions that apply (regulation 3). There is provision for the Department of Agriculture and Rural Development (“the Department”) to direct that a particular project is exempt from environmental assessment requirements, but in so doing the Department shall consider whether another form of assessment would be appropriate and to make information concerning that assessment available to the public (regulation 4). A person under Part 2 who proposes to carry out a project may apply to the Department for an opinion as to whether the project would have a significant effect on the environment (is a relevant project) (regulation 6). In determining its opinion the Department must take account of specified environmental criteria and consult with the consultation bodies. The Department may issue an opinion on a proposed project without formally receiving an application. The Department on making its opinion is required to make that opinion and specified additional information available to the public, and there is provision for representations to be made in response to that opinion (regulation 7). An opinion that the project is not a relevant project will lapse if the project is not completed within five years (regulation 8). The proposer of a project may request an opinion from the Department as to the information that should be included in an environmental statement. The Department may in writing notify the proposer to provide additional information to the Department to enable it to formulate its opinion. The Department is required to consult the consultation bodies prior to giving its opinion (regulation 9). Sufficient copies of the required documentation must accompany applications for consent for a relevant project in order that the Department can meet public participation requirements (regulation 10). The Department and consultation bodies, where requested, are required to enter into consultation with an applicant for consent and to provide relevant information where this is available. The Department and any consultation body may also voluntarily enter into consultation with an applicant (regulation 11). The Department is required to administer local and general publicity for an application and to ensure that representations on the likely environmental effects of the proposed project can be made to the Department (regulation 12). Where the Department has by notice required further information from an applicant or should any additional relevant information become available it shall make this information available to the public (regulations 13 and 14). Where it appears that the project may be likely to have significant effects on the environment in another State in the European Economic Area, provision is made for the authorities and the public concerned of that State to be consulted before a decision is made (regulation 15). In making its decision the Department is required to have regard to the environmental statement, the representations received by it and the direct and indirect effects of the relevant project on the environmental factors specified in Schedule 4 (regulation 16). The Department must in writing notify the applicant and persons from whom it received representations of its decision, and by advertisement, make the decision and the details by which an appeal may be made available to the public (regulation 17). There is provision for those persons who received written notice of a decision to appeal against that decision. An appellant is entitled to be heard by a person appointed by the Department who shall determine whether the appeal is to be conducted through written representation or by a hearing. Notification of the outcome shall be made to all persons that made a representation in respect of that appeal (regulations 18-21). There is a requirement that any consent granted by the Department shall be subject to specified conditions (regulation 22). The Department is given powers to serve enforcement notices where relevant projects are carried out without consent or in breach of conditions. Penalties are specified for breach of an enforcement notice. A power of entry and certain default powers are conferred on officers authorised by the Department (regulations 23-25). The Department is required to keep a register of directions, opinions, and determinations for public inspection (regulation 26). Under Part 3 the Department is required to consider if a project it intends to carry out, other than a project which is mentioned in Column 1 of the table to paragraph 2 of Schedule 2 and which does not exceed the thresholds prescribed in Schedule 2, would have a significant effect on the environment (is a relevant project), taking into account the selection criteria in Schedule 3 (regulation 28). Where the Department decides that a project is not relevant the Department is required to administer local and general publicity and to ensure that representations on the likely environmental effects of the project can be made to the Department. The Department is also required to send a copy of the publicity notice to each of the consultation bodies. The Department may proceed if no representations are made or can determine that, in the light of any representations, the project is relevant (regulation 29). Where the Department determines that a project is likely to have significant effects on the environment the Department is required to administer local and general publicity and to ensure that representations on the likely environmental effects of the project may be made to the Department. The Department is also required to send a copy of the advertisement notice to each of the consultation bodies (regulation 30). The Department shall then prepare an environmental statement (regulation 31). The Department is required to administer local and general publicity and provide details of where the environmental statement may be accessed and ensure that representations on the likely environmental effects of the project may be made. The Department is required to send copies of the advertisement notice and the environmental statement to the consultation bodies and ensure that representations on the likely environmental effects of the project may be made. (regulation 32). In the preparation of the environmental statement the Department can seek information from anyone it believes has information which may be relevant. Where the Department receives additional information the Department is required to administer local and general publicity and to ensure that representations on the likely environmental effects of the project may be made to the Department. The Department is also required to send a copy of the advertisement notice to each of the consultation bodies and to ensure that representations may be made (regulation 33). The Department may make reasonable charges in respect of copies of information being supplied (regulation 34). Where the Department considers that a project may have a significant effect on another EEA country, copies of the advertisement notice referred to in regulation 32 along with any available information shall be sent to that EEA country. The Department is to ensure that representations may be made. If requested the Department shall send copies of the project to the authorities and the public likely to be affected in the EEA country. The Department is to advise the EEA country of its determination including reasons and considerations (regulation 35). Following the consultation process the Department shall assess if the project should proceed taking into account any additional information and any representations received and the effects of the proposed project on the environmental factors specified in Schedule 4. Where objections have not been withdrawn and the Department considers that the project should proceed it shall appoint a person who shall be entitled to request additional information which, if provided, shall be advertised by the Department. The Department is to ensure that representations may be made. Any new information is to be sent to the appointed person. The appointed person shall assess the information available to him and may hear oral views from the Department and others and shall decide if the project is to proceed, is to proceed subject to conditions, or should not proceed. His determination is to be sent to the Department and any person making representation to him. The Department shall advertise the outcome and shall keep a record of the determination which shall be made available to the public on request (regulation 36). The Department shall make available to the public all relevant information when the advertisement is published advising that the Department has determined that a project is likely to have significant effects on the environment. Also, the Department shall make available to the public any further information which became available after publication of the advertisement (regulation 37). In Part 4 ‘The 2000 Regulations’ are revoked. Transitional provisions apply, including applications for consent, under the 2000 Regulations as if they had been made under these Regulations (regulation 38).

Read the full note and every offence in this instrument

Other offences in the same instrument

Appeals (general provisions)regulation 18(10)
Penalties for non-compliance with enforcement noticesregulation 24(2)

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis: the provision says a person is “guilty of an offence”
Confidence: 0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006 Every offence this instrument creates, and its explanatory note
Agriculture, plant health, food production and rural affairsOther offences on the same subject
Offences created in 2006