Relevant convictions for waste and installations environmental permits
Updated 5 July 2023
Applies to England
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This publication is available at https://www.gov.uk/government/publications/relevant-conviction-guidance-for-permit-applications-for-waste-activities-and-installations-only/relevant-convictions-for-waste-environmental-permits
1. Who you must tell us about
You must tell the Environment Agency if you, or anyone connected to the permit holder, has been convicted of one of the offences listed in this guidance.
For companies and other corporate bodies, you must tell us about:
- the company
- directors, managers, company secretaries or similar officers
- other companies, if a director or company secretary of your company were officers of that company when they were convicted
For individuals, you must tell us about:
- the individual
- companies for which the individual is a director, manager, secretary or similar officer
For partnerships, you must tell us about:
- any of the partners
- partner convictions related to another business as well as the partnership
2. Convictions you must tell us about
If a conviction is spent, you do not have to tell the Environment Agency about it. See what counts as a spent conviction.
You must tell us about unspent convictions under the:
- Animal By-Products (Enforcement) (England) Regulations 2013
- Animal By-Products (Enforcement) (Wales) Regulations 2014
- Anti-social Behaviour, Crime and Policing Act 2014
- Bribery Act 2010
- Control of Major Accident Hazards Regulations 1999 and 2015
- Control of Pollution (Amendment) Act 1989: Section 1, 5 or 7
- Corporate Manslaughter and Corporate Homicide Act 2007
- Criminal Finances Act 2017
- Criminal Damage Act 1971
- Customs and Excise Management Act 1979: Section 170 and 170B
- End-of-Life Vehicles Regulations 2003
- End-of-Life Vehicles (Producer Responsibility) Regulations 2005
- Environment Act 1995: Section 110
- Environmental Permitting (England and Wales) Regulations 2007, 2010 and 2016
- Environmental Protection Act 1990
- Finance Act 1996 (Landfill Tax offences under Schedule 5 Part 4)
- Food and Environment Protection Act 1985: Section 9
- Fraud Act 2006: Section 1
- Hazardous Waste (England and Wales) Regulations 2005
- Hazardous Waste (Wales) Regulations 2005
- Health and Safety at Work etc. Act 1974
- Landfill Disposals Tax (Wales) Act 2017
- Legal Aid, Sentencing and Punishment of Offenders Act 2012: Section 146
- Modern Slavery Act 2015
- Nitrate Pollution Prevention Regulations 2015: Regulation 41 combined with 7 to 8 and 10 to 35
- Pollution Prevention and Control (England and Wales) Regulations 2000
- Proceeds of Crime Act 2002 Part 7
- Producer Responsibility Obligations (Packaging Waste) Regulations 2007
- Public Order Act 1986
- Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018: Regulation 11 combined with 3 to 10
- Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
- Salmon and Freshwater Fisheries Act 1975: Section 2 and 4
- Scrap Metal Dealers Act 1964 and 2013
- Serious Crime Act 2015
- Sludge (Use in Agriculture) Regulations 1989
- Taxes Management Act 1970: Section 106A
- Theft Act 1968: Section 1, 8, 9, 10, 11, 17, 18, 22 and 25
- Transfrontier Shipment of Waste Regulations 1994 and 2007
- VAT Act 1994: Section 72
- Vehicles (Crimes) Act 2001: Part 1
- Waste (England and Wales) Regulations 2011: Regulation 42
- Waste Batteries and Accumulators Regulation 2009
- Waste Electrical and Electronic Equipment Regulations 2006 and 2013
- Water Resources Act 1991: Section 202 and 206
- Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010: Regulation 10 combined with 3 to 5, 7 and 9
You must also declare any unspent convictions under similar Scottish and Northern Irish legislation.
3. What counts as a spent conviction
Offences committed by corporate bodies do not become spent as the Rehabilitation of Offenders Act 1974 does not apply to them.
| Sentence | Becomes spent |
|---|---|
| Fine | One year from the date of conviction |
| Community order | One year from the last day of the order |
| Prison up to and including 6 months | Prison term plus 2 years |
| Prison for between 6 and 30 months | Prison term plus 4 years |
| Prison for between 30 months and 4 years | Prison term plus 7 years |
| Prison for longer than 4 years | Never |
| Conditional discharge | At the end of the probation order |
| Absolute discharge | Immediately |
If you were under 18 when you were convicted, the spent times are different. Contact us for more information.
We may still consider spent relevant offences - but only if we believe it is necessary so that justice can be done.
The relevant offences may change if the law changes. This information is for guidance and is not a complete statement of the law.
4. Contact us
General enquiries
National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY
Email enquiries@environment-agency.gov.uk
Telephone 03708 506 506
Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312
Monday to Friday, 8am to 6pm.