Environmental Update (June 2010)
New powers for environmental regulators
The Environmental Civil Sanctions (England) Order 2010 came into
force on 6th April 2010 and allows the environmental regulator
to impose civil sanctions on a business committing certain
environmental offences, as an alternative to prosecution and
criminal penalties of fines and imprisonment.
This will give environmental regulators more flexibility in
terms of enforcement and for all intents and purposes make
enforcement easier and a more streamlined processed.
At present, the new system applies to England only. Similar
regulations for Wales are expected.
What are the civil sanctions?
The new civil sanctions include:
- Compliance notices - written notice to
take steps to ensure that an offence does not continue or
recur.
- Restoration notices - written notice to
restore harm caused by non-compliance.
- Enforcement undertakings - voluntary
agreement by business to take corrective action to make
up for non-compliance.
- Fixed monetary penalties - a low level
penalty for minor offences fixed at £100 for an individual and £300
for a company.
- Variable monetary penalties - a monetary
penalty for more serious offences with a maximum of £250,000.
- Stop notices - written notice to stop an
activity which is causing harm.
Who can use the civil sanctions?
The Environment Agency and Natural England are the first
regulators to be given the new civil powers. They will be able to
use civil or traditional criminal punishments at their discretion,
depending on which they believe to be more effective.
What offences will the sanctions be used for?
The civil sanctions will be used for offences involving harm to
water or wildlife, or poor drainage and waste management. Other
offences will be added by future legislation.
If you require any further information relating to the
new powers for regulators then please contact the Mentor 24/7
Advice line on 0800 634 7006.