With this it will be convenient to discuss the following:
“(8A) Where the Upper Tribunal makes a statement of non-compliance, it may issue ongoing financial penalties where it deems these to be necessary.”
The amendment would clarify that the Tribunal has the power to issues fines in instances of non-compliance.
Amendment 184, in clause 35, page 21, line 28, at end insert—
“(8A) Where the Upper Tribunal makes a statement of non-compliance it may impose a remediation requirement to take such steps as it may specify, within such period as it may specify, to secure that the net environmental position is restored to what it would have been if the offence had not been committed.”
The amendment would give the Tribunal the power to require a public authority to make amends for environmental harm resulting from a breach of the law.