Fairer and Better Environmental Enforcement - Implementing the New Civil Sanctions Consultation
The Environment Agency were consulting on the Implementation of the New Civil Sanctions. The closing date for comments was 7th May 2010.
Following last year's joint Defra and Welsh Assembly Government consultation on Fairer and Better Environmental Enforcement, which proposed the introduction of Civil Sanctions, the Environment Agency had published a further consultation on the implementation of Civil Sanctions in England and Wales. The Union's response to the first consultation didn't favour the introduction of Civil Sanctions as it was felt that even minor infringements, which would have historically carried a warning and a remedial notice, would attract a financial penalty through the Civil Sanctions route.
The Environment Agency was proposing to introduce Civil Sanctions to remove perceived inflexibilities within its current enforcement provision and would be available for some but not all of its work areas. Any money received from penalties would go to central Government and not to the Environment Agency. Initially, the farming industry would have Civil Sanctions for certain offences relating to nitrate pollution, the abstraction and impounding of water and the spreading of sewage sludge on farmland. It was also planned to extend Civil Sanctions to cover offences committed under the Environmental Permitting Regulations 2010; however, no timescale had been set for their introduction.
There were 6 types of Civil Sanctions which the Environment Agency was aiming to introduce from September 2010. These were -
1. Compliance Notice -written notice requiring actions to comply with the law, or to return to compliance, within a specified period
2. Restoration Notice -written notice requiring steps to be taken, within a stated period, to, as far as possible, restore harm caused by non-compliance
3. Fixed Monetary Penalty - a low level fine fixed by legislation for a specified minor offence
4. Enforcement Undertaking - an offer, formally accepted by the Environment Agency, to take steps to remedy the effects of non-compliance
5. Variable Monetary Penalty - a proportionate monetary penalty for a more serious offence
6. Stop Notice - a written notice which required an immediate stop to an activity that was causing serious harm or presented a significant risk of causing serious harm
