Transfrontier shipment of waste—offences, enforcement and penalties

Produced in partnership with Angus Evers of Shoosmiths
Practice notes

Transfrontier shipment of waste—offences, enforcement and penalties

Produced in partnership with Angus Evers of Shoosmiths

Practice notes
imgtext

The Transfrontier Shipment of Waste Regulations 2007, SI 2007/1711 (TFSR) (as amended by the Transfrontier Shipment of Waste (Amendment) Regulations 2008, SI 2008/9 and the Transfrontier Shipment of Waste (Amendment) Regulations 2014, SI 2014/861), make provision for the enforcement of EU Assimilated Regulation 1013/2006 on Shipments of Waste (WSR).

This Practice Note sets out the offences created by the TFSR, the way in which the TFSR are enforced and the possible penalties upon prosecution. For more information on obligations under the TFSR, see Practice Note: Transfrontier shipments of waste—compliance and controls.

The Environment Act 2021 (EA 2021) expanded powers in section 141 of the Environmental Protection Act 1990 (EPA 1990) to make regulations to prohibit or restrict waste imports and exports, so that further regulations can be made in connection with the regulation of imports and exports of waste, and the transit of waste for export. EPA 1990, s 141(1A) gives further detail on the provision that can be made by those regulations. This includes banning or restricting waste imports and exports, the landing

Angus Evers
Angus Evers

Partner and Head of Environment, Shoosmiths


Angus qualified as a solicitor in 1999 and has been the head of the environmental law practice at national law firm Shoosmiths LLP since 2016. Prior to that he was a partner in the planning and environment group at King & Wood Mallesons (formerly SJ Berwin). He specialises in advising on the environmental, health and safety aspects of major infrastructure projects and corporate, banking and real estate transactions.

He has particular expertise in the energy and infrastructure sectors, and has advised clients including operators and developers of power stations, wind farms (both onshore and offshore), LNG terminals, ports, and underground and undersea gas storage facilities, as well as public sector and government organisations. His work includes drafting and negotiating warranties, indemnities and agreements on environmental liability. He also has considerable experience in areas as diverse as contaminated land, waste management, asbestos management, producer responsibility, emissions trading, renewable energy, and carbon capture and storage. Additionally, he has experience of both criminal and civil litigation, including defending regulatory prosecutions, bringing civil claims for environmental damage and advising on the judicial review of decisions of regulatory bodies.

Angus has a master’s degree in environmental law. He is a member of the United Kingdom Environmental Law Association (UKELA), and is the co-convenor of UKELA’s waste working party. He is also a member of the International Chamber of Commerce UK’s committee on environment and energy, which holds regular meetings with the UK government on the development and implementation of environmental law and policy. He is ranked in Chambers Directory as an expert in environmental law and is a Fellow of the Royal Society of Arts.

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

Popular documents