The Environmental Permitting (England and Wales) Regulations 2016

Contents of an enforcement undertakingE+W

This section has no associated Explanatory Memorandum

2.—(1) An enforcement undertaking must specify—

(a)action to secure that the offence does not continue or recur,

(b)action to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed,

(c)action (including the payment of a sum of money) to benefit any person affected by the offence, or

(d)where restoration of the harm arising from the offence is not possible, action that will secure equivalent benefit or improvement to the environment.

(2) It must specify the period within which the action must be completed.

(3) It must include—

(a)a statement that the undertaking is given in accordance with this Schedule;

(b)the terms of the undertaking;

(c)how and when a person is considered to have discharged the undertaking.

(4) The enforcement undertaking may be varied, or the period within which the action must be completed may be extended, if both parties agree in writing.