The offences are similar to the previous offence regime. Tier 1 offences continue as the most serious offences. Tier 2 offences are set out according to the medium involved. It is a defence in any court proceedings for water pollution that an environment protection licence or regulations regulated the pollution and that the conditions attached to the licence or the regulations were not contravened. Air and noise pollution offences are similar to those in the repealed legislation.
Land pollution is concerned with waste offences.
The offences include unlawful transporting of waste and permitting land to be used unlawfully as a waste facility. Further daily penalties apply to continuing offences. Tier 3 offences are dealt with by penalty infringement notices. These notices impose a fine that can be paid or defended in court. The regulations will prescribe Tier 2 offences that can be dealt with by infringement notices.