Civil Sanctions Quick guide

Last month CRS blogged about the first use by the Environmental Agency of their new Civil Sanction powers, but when can civil sanctions be used?

Civil sanctions can be used for offences committed in England after 6 April 2010 or after 15 July 2010 in Wales. Civil sanctions are available for offences under the following regulations:

• Control of Pollution (Oil Storage) (England) Regulations 2001
• Environment Act 1995
• Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
• Hazardous Waste (England and Wales) Regulations 2005
• Hazardous Waste (Wales) Regulations 2005
• Land Drainage Act 1991
• Nitrate Pollution Prevention Regulations 2008 (England only)
• Producer Responsibility Obligations (Packaging Waste) Regulations 2007
• Salmon Act 1986
• Salmon and Freshwater Fisheries Act 1975
• Sludge (Use in Agriculture) Regulations 1989
• Transfrontier Shipment of Waste Regulations 2007
• Water Industry Act 1991
• Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
• Water Resources Act 1991.
  

Civil Sanctions focus on investment in environmental clean-up rather than paying fines, they provide the Environment Agency (EA) with a more flexible range of options, so that they can choose the most appropriate enforcement action when an offence occurs.  Unlike prosecution, civil sanctions are imposed or accepted directly by the EA. 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.
  

Find out more on CRS’S range of Environmental Courses here.