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Volume 487: debated on Tuesday 10 February 2009

To ask the Secretary of State for Environment, Food and Rural Affairs what administrative financial penalties may be levied by his Department and its agencies. (253596)

DEFRA (the core Department) does not have authority to levy financial penalties without the need to resort to court proceedings.

The Environment Agency, a non-departmental public body, can levy fixed penalty notices under the following legislation:

Clean Neighbourhoods and Environment Act 2005

The Hazardous Waste (England and Wales) Regulations 2005

The Transfrontier Shipment of Waste Regulations 2007

The Site Waste Management Plans Regulations 2008

The Environment Agency is also responsible for imposing civil penalties under the Greenhouse Gas Emissions Trading Scheme Regulations 2005 in England and Wales.

The Marine and Fisheries Agency has authority to impose administrative financial penalties for fisheries offences under the Sea Fishing(Enforcement of Community Measures)(Penalty Notices) Order 2008, SI 2008 No 984.

Due to the large number and the complexity of schemes administered by the Rural Payments Agency, I have instructed the Chief Executive to reply to you by letter.