Environment Agency issues first civil sanction
Environmental update 05/10/2011
Amid doubt that the use of civil sanctions would be scrapped by
the Coalition, developments over the summer suggest that they are
back on, at least for environmental offences. The Environment
Agency (EA) reported in July on its use of the new powers since
January. So far, this has been confined to "enforcement
undertakings" (offers, formally accepted by the regulator, to
take steps that would make amends for non-compliance and its
effects). The EA has received 30 offers and accepted 8; all 8
relate to packaging offences and each involved donations to
environmental projects or charities.
Natural England has since consulted on the use of civil
sanctions, but it is thought likely to follow the Environment
Agency's approach.
Notes:
Civil sanctions are essentially civil penalties imposed by
regulators for regulatory non-compliances, as an alternative to
prosecution through the courts. Unlike prosecution, civil sanctions
are imposed or accepted by regulators.
There are six types of civil sanctions:
- Compliance Notice - a regulator's written
notice requiring actions to comply with the law, or to return to
compliance, within a specified period;
- Restoration Notice - a regulator's written
notice requiring steps to be taken, within a stated period, to
restore harm caused by non-compliance, so far as possible;
- Fixed Monetary Penalty - a low-level fine,
fixed by legislation, that the regulator may impose for a specified
minor offence;
- Enforcement Undertaking - an offer, formally
accepted by the regulator, to take steps that would make amends for
non-compliance and its effects;
- Variable Monetary Penalty - a proportionate
monetary penalty, which the regulator may impose for a more serious
offence;
- Stop Notice - a written notice which requires
an immediate stop to an activity that is causing serious harm or
presents a significant risk of causing serious harm.
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