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Section 46ZB: Civil penalty charges under section 46ZA: prior notices of intent and final notices

Environmental Protection Act 1990 · 1990 c. 43View on legislation.gov.uk

Part II: Waste on Land

Before requiring a person to pay a civil penalty charge under section 46ZA, an authorised officer must serve on the person notice of intention to do so (a "notice of intent").

A notice of intent must contain information about—

the grounds for requiring payment of a civil penalty charge,
the amount of the civil penalty charge, and
the person's entitlement to make representations under subsection (3).

A person on whom a notice of intent is served may, within a period specified in regulations under section 46ZC, make representations to the authorised officer as to why payment of a civil penalty charge should not be required.

In order to require a person to pay a civil penalty charge under section 46ZA, an authorised officer must serve on the person a further notice (the "final notice") in accordance with subsections (5) to (7).

A final notice may not be served on a person by an authorised officer before the end of the period of 28 days beginning with the day service of the notice of intent on the person was effected.

Before serving a final notice on a person, an authorised officer must consider any representations made by the person under subsection (3).

A final notice must contain information about—

the grounds for requiring payment of a civil penalty charge,
the amount of the civil penalty charge,
how payment may be made,
the period within which payment is required to be made,
the right to appeal by virtue of section 46ZC(1)(i), and
the consequences of not paying the civil penalty charge.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.