Environment Agency

Delivering Civil Sanctions

Regulatory Enforcement and Sanctions Act 2008

Defra/WAG Fairer and Better Environmental Enforcement Project

ECSO and ECSR ECS(W)O and ECSR

EA FBEE: Implementing Civil Sanctions

Programme

Implementation

Background

Consultation Response

55 responses from a range of stakeholders NGOsLimited companiesOther regulators

Generally positive and supportive of our approach BUT concerned about detail.

We have listened to stakeholder views and taken steps to improve our policies, documents and procedures.

National Enforcement Results2006, 2007, 2009

Prosecutions

808722 671

0

200

400

600

800

1000

2007 2008 2009

Cautions

385 408320

0

100

200

300

400

500

2007 2008 2009

Notices

461

300

197

0

100

200

300

400

500

2007 2008 2009

Benefits of the New Approach

Allow us to apply sanctions quickly in a more proportionate way

Focus on restoring damaged environments, stopping illegal activity quickly and removing financial gain

Embeds the “polluter pays” principle

Benefits for people and the environment

New Enforcement Documents

The Future

Enforcement and Prosecution Policy

Functional Guidelines

Enforcement and Sanctions Statement

Enforcement and Sanctions Guidance

Offence Response Options

Outcome focus

A. To Stop Offending – aim to stop an illegal activity from continuing

B. To Restore and/or Remediate – aim to put right environmental harm or damage

C. To Bring under Regulatory Control – aim to bring an into compliance with the law

D. Punish and/or Deter – to punish an offender and/or deter future offending

RES Act Civil Sanctions

RES Act

Fixed Monetary Penalties

Stop Notice Enforcement Undertaking

Variable Monetary Penalty

Compliance Notice Restoration Notice

Key Features

Only available where specified in the legislationMust be satisfied beyond reasonable doubt that an offence has been committedNotice of Intent and representations from the offenderAppeals to First Tier Tribunal Environment Agency can recover costs for all civil sanctions apart from FMPs and EUsAll revenue from financial penalties to Government not regulatorEnforcement of civil sanctions

Enforcement Undertakings

Offer form plus guidance on our website

Offered by the offender not imposed by the regulator

Can only be offered for where specified in the legislation

Contents of an Enforcement Undertaking

It must specify actions:to secure that the offence does not continue or recur

to secure that the position is “so far as possible” restored to what it would have been if the offence had not been committed

to benefit any person affected by the offence (including payment of a sum of money)

to secure equivalent benefit where full restoration is not possible.

Using Civil Sanctions Carefully

Use our powers responsibly, consistently and appropriately and learn from early adoption

Training ProgrammeOn-line course available to all staff for awareness raisingNetwork of Area and Legal Champions 1 day workshop for key staffSpecialist legal workshops

Strong governance – Local Enforcement Panels and Director-led national panel

Oversight by the Environment Agency Board

GovernanceEnvironment Agency Board

Oversight of the use of civil sanctions

National Panel

Local Enforcement

Panel

Officer

Final Approval

AM and RS

Offender

EUs and Reps

Governance Approval

Initial Approval

AEM and Lawyer

Where we think Civil Sanctions apply

Limited impact at first – where sanctions are applicable not all are available

Order and regulations list the availability

Main initial areas of use:Packaging

Waste deposits

Water Resources

Hazardous waste Regs

Other possible.

Next steps

Civil Sanctions use estimatesYear 1 – 10Year 2 – 70

We will start to use civil sanctions and new enforcement documents from 04 January 2011and implementation package available on websiteMonitoring and review by Defra of our use of civil sanctions in 2013Defra consultation on the introduction of civil sanctions for Environmental Permitting offences closed September 2010