The use of civil sanctions by the Environment Agency came into force in September 2010. This adds to the EA's 'toolbox' of powers to fine for and remediate environmental damage. Some would say this is a good thing. It may help to reduce lengthy and costly court battles in some cases where a civil sanction and fine is more appropriate. The key powers include:
- Fixed monetary penalties: up to £300 for a minor non compliance causing little or no environmental harm. An example of this may be paperwork related to waste legislation. It will not result in a criminal record.
- Variable monetary penalty - this is the biggest change. It provides for the EA to fine up to £250,000 and will be set by the EA dependent on each case. Fines will be awarded for more significant damage to the environment but which do not necessarily need to lead to prosecution. An example may be a packaging waste or a water pollution offence.
This may lead to more enforcement and penalties and could have a commercial impact on all organizations that fall under the scrutiny of the EA. Let's hope everyone views it as an even better reason for the prevention of pollution through good procedures and risk management systems.
If you have any queries regarding environmental legislation at your organisation, do not hesitate to contact our consultants.
- Fixed monetary penalties: up to £300 for a minor non compliance causing little or no environmental harm. An example of this may be paperwork related to waste legislation. It will not result in a criminal record.
- Variable monetary penalty - this is the biggest change. It provides for the EA to fine up to £250,000 and will be set by the EA dependent on each case. Fines will be awarded for more significant damage to the environment but which do not necessarily need to lead to prosecution. An example may be a packaging waste or a water pollution offence.
This may lead to more enforcement and penalties and could have a commercial impact on all organizations that fall under the scrutiny of the EA. Let's hope everyone views it as an even better reason for the prevention of pollution through good procedures and risk management systems.
If you have any queries regarding environmental legislation at your organisation, do not hesitate to contact our consultants.
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