Unauthorised deposit of waste (fly-tipping) under EPA 1990 s.33 — criminal fine route

EPA 1990 s.33: unauthorised deposit of controlled waste is an either-way offence; on indictment on conviction the court may impose an unlimited fine.

Unauthorised deposit of waste (fly-tipping) under EPA 1990 s.33 — criminal imprisonment route

EPA 1990 s.33: imprisonment for a term not exceeding 5 years (either-way offence on indictment).

Operating / carrying on a regulated waste operation without the required environmental permit under EPR 2016 reg. 12 + reg. 38 — civil/enforcement penalty route

EPR 2016 reg. 12: operating a regulated facility without an environmental permit is an offence. Reg. 38: enforcement provisions including variable monetary penalties.

Failure to comply with an environmental permit condition under EPR 2016 reg. 38(2) — civil/enforcement penalty route

EPR 2016 reg. 38(2): breach of permit condition — enforcement provisions including variable monetary penalties and enforcement undertakings.

United Kingdom has a binding national statutory instrument regulating non-road mobile machinery emissions: SI 2018/764 The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018, made 25 June 2018, laid before Parliament 28 June 2018, coming into force 21 September 2018, made by the Secretary of State for Transport under European Communities Act 1972 s.2(2) and Schedule 2 para 1A, implementing Regulation (EU) 2016/1628 ('the NRMM Regulation') in UK law with type-approval, market surveillance, offences, criminal penalties, civil penalties, and enforcement provisions

legislation.gov.uk/uksi/2018/764 — 'The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018 — Made 25 Jun 2018, in force 21 Sep 2018, Secretary of State for Transport; makes provision in connection with EU Regulation 2016/1628 (NRMM Regulation) and provides for offences punishable by criminal or civil penalties.'

New non-road mobile machinery sold in the UK must have a type-approved engine and engine markings proving it has the correct type approval; type approval proves the engine meets the latest emissions standards; applies to England, Scotland and Wales; DVSA enforces and accepts reports of manufacturers/sellers breaching type-approval rules

gov.uk (HTTP 200, published 11 May 2023, applies to England, Scotland and Wales) — 'New non-road mobile machinery sold in the UK must: have a type-approved engine; have markings displayed on the engine to prove it has the right type approval. Type approval proves that the engine meets the latest emissions standards.'

Engines for use in non-road mobile machinery (NRMM) sold in the UK must have type-approval to Stage V (unless covered by Transition Engines provisions); from 1 January 2023, NRMM engines must hold Provisional GB type approval (based on valid EU or UNECE R96 type approval) to be placed on the market in Great Britain; this is the post-Brexit GB national approval scheme continuing EU Regulation 2016/1628 standards

VCA page (HTTP 200, last updated 17 Jan 2024) — 'From 1st January 2023, non-road mobile machinery engines must hold Provisional GB type approval in order to be placed on the market in Great Britain. This approval is based on the engine type concerned holding either a valid EU or UNECE R96 type approval.'

United Kingdom has a legally binding national net-zero greenhouse gas emissions target for 2050: net UK carbon account for 2050 must be at least 100% lower than the 1990 baseline (amended from prior 80% target by SI 2019/1056, made 26 June 2019, in force from day after making). This is a TARGET on the national carbon account, NOT an equipment-level zero-emission mandate for non-road mobile machinery or construction equipment.

legislation.gov.uk/uksi/2019/1056 — 'The Climate Change Act 2008 (2050 Target Amendment) Order 2019 — Made 26 Jun 2019; Article 2 amends section 1(1) of the Climate Change Act 2008 by substituting 100% for 80%, so the net UK carbon account for 2050 must be at least 100% lower than the 1990 baseline.'

UK central government procurement (contracts above £5 million threshold, including major government construction works) requires suppliers to provide a Carbon Reduction Plan (CRP) committing the supplier to achieve Net Zero by 2050 in the UK. This is a procurement policy requirement on suppliers' corporate carbon plans, NOT an equipment-level zero-emission mandate for non-road mobile machinery or construction equipment supplied.

gov.uk — 'Procurement Policy Note 06/21: Taking account of Carbon Reduction Plans in the procurement of major government contracts' — Government Commercial Function, published 5 June 2021, last updated 17 April 2023.