OFFENCE RESPONSE OPTIONS
DATE PUBLISHED : NOVEMBER 2015
Version History:
DocumentVersion / Date
Published / Summaryof Changes
1.0 / ? November 2015 / Document Created
Review Date: October 2016
OFFENCE RESPONSE OPTIONS
Primary Legislation......
National Parks and Access to the Countryside Act 1949...... 3
The Plants Varieties and Seeds Act 1964...... 4
Sea Fisheries (Shellfish) Act 1967...... 5
Forestry Act 1967...... 6
Theft Act 1968...... 8
Salmon and Freshwater Fisheries Act 1975...... 9
Reservoirs Act 1975...... 17
The Rent (Agriculture) Act 1976...... 25
Import of Live Fish (England and Wales) Act 1980...... 26
Wildlife and Countryside Act 1981...... 27
Salmon Act 1986...... 32
Public Order Act 1986...... 33
Control of Pollution (Amendment) Act 1989...... 34
Environmental Protection Act 1990...... 37
Land Drainage Act 1991...... 40
Deer Act 1991...... 41
Water Industry Act 1991...... 42
Water Resources Act 1991...... 45
Protection of Badgers Act 1992...... 52
Environment Act 1995...... 53
Police Act 1996...... 55
Countryside Rights of Way Act 2000...... 56
Waste and Emissions Trading Act 2003...... 57
Secondary Legislation......
Sludge (Use in Agriculture Regulations) 1989...... 58
Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999..62
Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 63
Forest Reproductive Material (Great Britain) Regulations 2002...... 66
Water Resources (Environmental Impact Assessment) (England & Wales) Regulations 2003 67
The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004...... 68
Hazardous Waste (Wales) Regulations 2005...... 69
Plant Health (Forestry) Order 2005...... 78
Producer Responsibility Obligations (Packaging Waste) Regulations 2007...... 82
Transfrontier Shipment of Waste Regulations 2007...... 86
Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008...... 103
Persistent Organic Pollutants Regulations 2007...... 107
REACH Enforcement Regulations 2008 ...... 109
Waste Batteries and Accumulators Regulations 2009...... 113
Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009....128
Fluorinated Greenhouse Gases Regulations 2009...... 131
The Eel (England and Wales) Regulations 2009...... 146
Conservation of Habitats and Species Regulations 2010...... 150
Environmental Permitting Regulations 2010...... 153
Water Resources (Control of Pollution) (Silage, Slurry and Agriculture Fuel Oil) (Wales) Regulations 2010 155
CRC Energy Efficiency Scheme Order 2010...... 157
Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011163
Waste (England and Wales) Regulations 2011...... 165
Greenhouse Gas Emissions Trading Scheme Regulations 2012...... 167
CRC Energy Efficiency Scheme Order 2013...... 176
Nitrate Pollution Prevention (Wales) Regulations 2013...... 182
Waste Electrical and Electronic Equipment Regulations 2013...... 183
(I) Primary Legislation
National Parks and Access to the Countryside Act 1949
Section 108(4) / Wilfully obstructing a person in the exercise of his powers under section 108(1) of the National Parks and Access to the Countryside Act 1949.Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:Civil Sanctions not available.
The Plants Varieties and Seeds Act 1964
Section 25 / s.25(7): Failing to comply with a requirement under section 25(6) of the Plant Varieties and Seeds Act 1964 (requirement of statement relating to sale of seeds).s.25(9): Obstructing or impeding any person acting in the exercise of the powers conferred by section 25 of the Plant Varieties and Seeds Act 1964 (powers of entry).
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:n/a
Civil sanctions are not available for this offence.
Section 27 / s. 27(1)(a): Tampering with seeds so as to procure that a sample taken in the manner prescribed by seeds regulations for any purpose does not correctly represent the bulk of the seeds:
s.27(1)(b): Tampering with any sample taken in the manner prescribed by seeds regulations for any purpose:
s.27(1)(c): With intent to deceive, sending, or causing or allowing to be sent to any official testing station or licensed testing establishment, to be tested for any purpose, a sample of seeds, knowing that it does not correctly represent the bulk of the seeds:
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:n/a
Civil sanctions are not available for this offence.
Sea Fisheries (Shellfish) Act 1967
Section3(3) / Dredge, fish or take shellfish of any description unless in accordance with the terms of a licence issued by the NRW.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are not available for this offence
Forestry Act 1967
Section 7(4) / Obstructing a person authorised by the Commissioners in the exercise of his powers or duties under subsection (2) (prevention of damage by rabbits, hares and vermin) of the Forestry Act 1967.Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:n/a
Civil sanctions are not available for this offence.
Section 17(1) / Felling a tree without the authority of a felling licence in a case requiring a licence under section 9(1) of the Forestry Act 1967.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:n/a
Civil sanctions are not available for this offence.
Section 24(4) / Failing without reasonable excuse to take any steps required by a notice under section 24 (an Enforcement Notice) of the Forestry Act 1967
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:n/a
Civil sanctions are not available for this offence.
Section 30(5) / s.30(5): Being the occupier of land or any person who, either directly or indirectly, receives rent in respect of any land, and failing to give information as to the nature of his interest therein or the name and address of any other person known to him as having an interest therein, having been required to do so by the Forestry Commissioners for the purpose of enabling them to serve or give any document or direction under Part II of the Forestry Act 1967.
s.30(5): Being the occupier of land or any person who, either directly or indirectly, receives rent in respect of any land, and knowingly making a mis-statement as to the nature of his interest therein or the name and address of any other person known to him as having an interest therein, having been required to provide that information by the Forestry Commissioners for the purpose of enabling them to serve or give any document or direction under Part II of the Forestry Act 1967.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:n/a
Civil sanctions are not available for this offence.
Section 46(5) / Failing to comply with, or acting in contravention of, a byelaw made under section 46 of the Forestry Act 1967.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:n/a
Civil sanctions are not available for this offence.
Section 48(3) / Obstructing an officer or servant appointed or employed by the Commissioners in the exercise or performance of his powers or duties under subsection 48(2) (Enforcement of Byelaws) of the Forestry Act 1967.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:n/a
Civil sanctions are not available for this offence.
Theft Act 1968
Schedule 1, Section 2 / Theft of owned fish where permission to remove them has not been granted and fish have been caught and retained.Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:n/a
Civil sanctions are not available for this offence.
Schedule 1, Section 2 / Person who unlawfully takes, destroys or attempts to take/destroy any fish in water which is private property
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:n/a
Civil sanctions are not available for this offence.
Salmon and Freshwater Fisheries Act 1975
Sections1, 37 & Schedule 4 / Fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish.Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Section 2(1) / Use for fishing, buying, selling or having in possession any fish roe.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / X / X / / X / X
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Section 2(2) / Knowingly takes, kills, injures or attempts to take, kill or injure any salmon,
trout, lamprey, smelt, shad, freshwater fish or specified fish in any waters
which is unclean or immature; or
Buys, sells, exposes for sale, or has in possession any such fish or any part, which is unclean or immature.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / X / X / / X / X
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Section 2(4) / Wilfully disturbing spawn, spawning fish or spawning areas.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / X / X / / X / X
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Section 4(1) / Discharging matter or effluent that is poisonous or injurious to fish, spawn,
spawning areas or food of fish.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / / X / / /
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Sections5(1), 37 & Schedule 4 / Using explosives, poisons, noxious substances or electrical devices to take or destroy fish.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / X / X / X / X / X
Other considerations and notices specific to this offence
Relevant commencement dates:
Sections5(3), 37 & Schedule 4 / Destroying or damaging dams etc., to take or destroy fish.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / X / X / X / X / X
Other considerations and notices specific to this offence
Relevant commencement dates:
Section 5(4) / Person who contravenes Section 5(1) or Section 5(3) and having in his
possession any explosive/noxious substance or any electrical device.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / / X / / /
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Section 9(2) / Failure to comply with a notice to make a fish pass or to maintain an approved fish pass in an efficient state.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / / X / / X /
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Section 12(1) / Altering, obstructing, making less efficient or scaring or preventing fish using a pass, all in respect to salmon or sea trout.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / / X / / /
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Section 12(3) / Acting to prevent salmon or sea trout moving through a fish pass or free gap or attempting to take such fish in passage through a fish pass.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / / X / / /
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Section 13(2) / Failure to close sluices affecting water flow over dams or through fish passes at relevant times in waters frequented by salmon and sea trout.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / / X / / /
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Section 14(8) / Failure to place or maintain a screen or provide a by-wash in specified
circumstances.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / / X / / /
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Section 15(2) / Interfering with a screen placed by the NRW.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / / X / / /
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Section 18(1) / Obstructing an authorised person in constructing or altering a fish pass or free gap or installing a screen (under Sections 9, 10 or 15).
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / X / X / / X / X
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Sections27, 37 & Schedule 4 / Fishing for fish by licensable means of fishingotherwise than under the authority of a licence and possessing an unlicensed licensableinstrument with intent to use it for fishing.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / X / X / / X / X
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Sections27B, 37 & Schedule 4 / Unauthorised fishing etc.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates:Civil sanctions not available.
Section 30 / Introduction of fish or spawn to inland waters other than under the terms of a consent.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are not available.
Section 31(2) / Refusing or obstructing authorised entry, search, examination or seizure by a bailiff.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Civil Sanctions which can be imposed / Offered
Compliance Notice / Restoration Notice / Fixed Monetary Penalty / Variable Monetary Penalty / Stop Notice / Enforcement Undertaking
X / X / X / / X / X
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are only available for offences which occurred after 15 July 2010 in Wales.
Section 35 / - Failing to produce a fishing licence or other authority to fish.
- Failure by a person fishing or about to fish or having fished to state their
name and/or address when requested by an authorised person or giving a
false name and/or address.
Standard criminal and offence specific responses
Warning / Formal Caution / Prosecution / Fixed Penalty Notice
/ / / X
Other considerations and notices specific to this offence
Relevant commencement dates: Civil sanctions are not available.
Reservoirs Act 1975