Overview

Environmental civil sanctions are an alternative means of enforcement to criminal sanctions (including prosecution), available for use by both the Environment Agency (EA) and Natural England.

The EA can impose civil sanctions on individuals and companies who commit certain environmental offences, and proposes to start using its new powers - which include monetary penalties and compliance, restoration and stop notices - from 4 January 2011.

The regulator can impose these sanctions without going to court, with the new regime is intended to promote an alternative and more proportionate response to environmental law non-compliance intended for use for those who generally have a good compliance record but who have slipped up. Criminal prosecution will be left for only the most serious offenders, serial non-performers or for those unwilling to participate in this regime.

This briefing from Nabarro considers the civil sanctions, the EA’s proposed approach and the implications for business.