Out-Law News 2 min. read
16 Mar 2012, 9:14 am
The Government is now undertaking further work on "whether and when" these can be introduced.
Delayed amendments to the environmental permitting regime in England and Wales will be made when new regulations, excluding any civil sanction provisions, will come into force on 6 April 2012.
The amendments had originally been held up by the lack of a "cross-Government position" on the use of the sanctions and additional scrutiny requirements, the Department for Environment, Food and Rural Affairs (Defra) said.
Environmental law expert Simon Colvin of Pinsent Masons, the law firm behind Out-Law.com said that the delay was "disappointing, but not entirely surprising". Civil sanctions for breaches of the environmental permitting regulations were first due to be introduced in April 2011, he said, but were delayed by Policy Minister Oliver Letwin who had said that imposing sanctions directly without recourse to the courts was 'intolerable'.
The original Environmental Permitting Regulations came into force in 2010 and created a single permitting and compliance system for industry and regulators. It also delivers the requirements of certain EU environmental directives including the Batteries and Mining Waste Directives.
Following the amendments, the Secretary of State must review the legislation implementing the environmental permitting regime every five years with the first review in 2017. There are also changes to the arrangements for transferring permits when the original permit holder is missing or dies, as well as minor amendments to the regulation of radioactive substances, anaerobic digestion and burning waste-derived fuel.
Both Natural England and the Environment Agency now have the power to issue civil sanctions for certain environmental offences, while retaining criminal prosecution as an option for the worst offences. Available sanctions include fixed and variable monetary penalties; compliance and restoration notices; and 'stop' notices, requiring an offender to immediately cease an offending activity.
Offenders may also provide voluntary 'enforcement undertakings' to the regulator, giving the offender the opportunity to make an offer to take steps to correct its behaviour and make amends for any effects that behaviour has already had on the environment.
Environmental law expert Simon Colvin has previously welcomed the introduction of civil sanctions by the environmental regulators, citing their flexibility as an alternative to lengthy criminal prosecutions.
"It is hoped that the Government introduces civil sanctions for breaches of the permitting regulations in the near future. Certain of the sanctions, such as enforcement undertakings, are seen as a significant advance in the fair enforcement of environmental offences," he said.
In its response (37-page / 786KB PDF) to its 2010 consultations on the environmental permitting regime last year, Defra made it clear that it was committed to the introduction of civil sanctions. Such sanctions are "an important tool in protecting the interests of compliant business and improving regulatory outcomes", it said in its response.
The consultations also included proposals for provisions to clarify the relationship between the environmental permitting regime and the marine licensing regime, however these are also not included in the new regulations.
