Section 109D: Power of court to make restriction orders: England and Wales, Environment Act 1995

An application to a magistrates' court for a restriction order—

must be made by the appropriate agency when it has issued a restriction notice (unless the notice has been cancelled);

may otherwise be made by the appropriate agency at any time.

The application must be heard by the magistrates' court—

where subsection (1)(a) applies, not later than 72 hours after service of the restriction notice;

where subsection (1)(b) applies, not later than 7 days after the application is made.

Where an application is made under subsection (1), the appropriate agency must serve a notice stating the date, time and place of the hearing of the application on—

the occupier and the owner of the premises;

the occupier and the owner of any other premises to which the appropriate agency believes access will be impeded if a restriction order is made.

The court may make a restriction order in relation to premises where there is, or was, a regulated facility or an exempt facility if the court is satisfied that the conditions in subsection (5) or (6) are met.

The conditions are that—

there is a risk of serious pollution to the environment or serious harm to human health which is a result of the treatment, keeping, deposit or disposal of waste in or on the premises, and

the order is necessary to prevent that risk from continuing.

The conditions are that—

in relation to the treatment, keeping, deposit or disposal of waste in or on the premises, a person has—

contravened section 33(1) of the Environmental Protection Act 1990,

contravened regulation 12(1) of the Environmental Permitting Regulations or knowingly caused or knowingly permitted the contravention of regulation 12(1)(a) of those Regulations,

contravened or failed to comply with an environmental permit condition, or

failed to comply with the requirements of an enforcement notice, a landfill closure notice, a mining waste facility closure notice, a suspension notice, or a notice served under section 59, 59ZA, 59ZB or 59ZC of the Environmental Protection Act 1990,

the conduct referred to in paragraph (a) has caused, is causing or has failed to prevent from continuing—

pollution to the environment, or

harm to human health, and

the order is necessary to prevent that pollution or harm from continuing.

A restriction order is an order prohibiting access to, and the importation of waste into, the premises or a specified part of the premises.

A restriction order has effect for a period specified in the order, which may not exceed 6 months.

A restriction order may include provision for—

persons, or a description of persons, to whom the prohibition in subsection (7) does not apply;

times at which the prohibition in subsection (7) does not apply;

circumstances in which the prohibition in subsection (7) does not apply.

Provision included in accordance with subsection (9) may be unconditional or subject to specified conditions.

A restriction order may include provision about access to other premises where that access could otherwise be impeded by the order.

A restriction order must—

identify the premises, or part of the premises, to which the order applies;

explain the effect of the order;

state that failure to comply with the order is an offence;

state that the removal of a copy of a restriction order fixed to a normal means of access to the premises is an offence;

state the penalties applicable to a person guilty of an offence.

The restriction notice referred to in subsection (1)(a) ceases to have effect—

on the making of a restriction order, or

where the court decides not to make a restriction order, on the making of that decision, unless the court makes an order in accordance with section 109E(4).

In subsection (6)(a)(iii) and (iv), "enforcement notice", "environmental permit condition", "landfill closure notice", "mining waste facility closure notice" and "suspension notice" have the meanings given in regulation 2(1) of the Environmental Permitting Regulations.

Section 109D: Power of court to make restriction orders: England and Wales

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