Tag Archives: Environment Agency

Enforcement of UK Waste Exemptions – No Longer the Light Touch?

Registered waste exemptions are not to be treated lightly and compliance with their conditions is not flexible, as the Environment Agency has reinforced in a recent case.  A lengthy investigation culminating in a nearly £20,000 fine has been handed down by Chelmsford Magistrates Court in relation to illegal deposits of waste on farmland in Essex. … Continue Reading

UK Regulator Growth Duty – A New Era in Decision Making?

The economic growth duty came into force on 29 March 2017 under the Deregulation Act 2015 (the “DA 2015”) and requires many regulators in England and Wales to have regard to the “desirability of promoting economic growth”, alongside the delivery of protections set out in relevant legislation. The regulators to which it applies are set … Continue Reading

Enforcement Undertakings for Environmental Permitting Offences – A ‘Win-Win’ Scenario?

On 6 April 2015, the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2015/324 came into force and conferred upon the Environment Agency the power to accept enforcement undertakings in respect of certain offences under the Environmental Permitting (England and Wales) Regulations 2010/675 (“EPR”). This development, which had been long anticipated, means that an offender … Continue Reading

Use of civil sanctions for UK environmental permitting finally ‘sanctioned’!

As we reported in June 2015, the use of civil sanctions have applied to a range of environmental offences since June 2011, with the notable omission of environmental permitting offences under the Environmental Permitting (England & Wales) Regulations 2010 (EPR), which account for a relatively large amount of prosecution activity by the Environment Agency (EA).  … Continue Reading

Use of civil sanctions for environmental permitting still in prospect for the UK?

Traditionally, environmental offences in the UK have been dealt with by way of criminal sanctions, like cautions and prosecutions, with ensuing fines and even imprisonment in certain cases.  With the introduction of the Regulatory Enforcement and Sanctions Act 2008, a new range of civil sanctions were opened up for use by regulators choosing to adopt … Continue Reading