A delay to the coming into force of the Environmental Permitting (England and Wales) (Amendment) Regulations 2011. These amending EP Regulations were due to come into force on 6th April 2011, subject to the approval of Parliament and the National Assembly for Wales (NAW). The amending EP Regulations include a provision to enable the Environment Agency to make use of civil sanctions in addition to its existing enforcement powers. Ministers have indicated that they now want to agree a cross Government position on civil sanctions for England more generally before measures in specific sets of regulations are taken forward.
They are anticipating a clearer picture to emerge early in March. They will then lay the EP amending regulations in Parliament in Spring, with or without the civil sanctions provisions (laid later in NAW due to Assembly elections but will include civil sanctions), coming into force on the next common commencement date, 1st October 2011. Provisions transposing two articles from the Carbon Capture and Storage Directive will come into force during the Summer.
As a reminder, the proposed changes were contained in two recent consultation documents http://defraweb/corporate/consult/env-permitting-regs/100730-env-permitting-regs-condoc.pdf / http://defraweb/corporate/consult/env-permitting-regs2010/index.htm