EIA Penalties

What is an Enforcement Notice?

An Enforcement Notice is a legal document. If a person on whom an Enforcement Notice has been served does not comply with the terms set out in the Notice, this constitutes an offence.

Who can be served with an Enforcement Notice?

An Enforcement Notice can be served on the following parties:

• The person carrying out the work, for example, the contractor
• The property owner
• Any other people who have sufficient interest in the property (allowing them to carry out the work without the need to get permission from anyone else)

What does an Enforcement Notice specify?

An Enforcement Notice requires a person to take one or more of the following actions:

• Apply to Natural Resources Wales for consent
• Restore the land to the condition it was in before any work on the relevant project was carried out
• Carry out any work on the land that is necessary and reasonable in order to ensure that the terms of the consent are complied with
• Remove or alleviate any damage to the environment that has been caused by the relevant project
• Stop work on the relevant project

What time period is defined by an Enforcement Notice?

The Notice may specify the period during which any of the first four measures listed above must be taken. Different periods can be specified for different measures.

In what circumstances can an Enforcement Notice can be served?

Natural Resources Wales can serve an Enforcement Notice if it is discovered that a person:

• Is carrying out or has carried out work where consent would be required
• Is in breach of the conditions of a consent already given

Does an Enforcement Notice carry a fine?

If a person does not comply with an Enforcement Notice, they are guilty of an offence and may, upon summary conviction, be liable for a fine of up to £5,000.