The Environment Agency and Natural England have become the first regulators to be given new civil powers that will give them greater flexibility to enforce environmental law...
The Environment Agency and Natural England have become the first regulators to be given new civil powers that will give them greater flexibility to enforce environmental law.
The range of new powers will increase the options available to regulators and include fixed and variable monetary penalties and compliance notices.
The sanctions will provide an alternative to criminal prosecutions for regulators which is more proportionate and reflects the fact that the majority of non-compliance by businesses is unintentional.
“These new powers will help make the system fairer for the law-abiding majority of businesses and will give regulators a practical and effective alternative to prosecution. The Environment Agency and Natural England, the first bodies to be given these powers, will have access to flexible and proportionate sanctions that will strengthen the protection of the environment and human health when tackling businesses who break the law,†explained Environment Secretary, Hilary Benn.
“Creating a more flexible and proportionate regulatory system is at the heart of the Government's better regulation agenda," said Ian Lucas, Minister for Business and Regulatory Reform, said. "The award of these new powers is a significant step forward that will provide an alternative to costly and time consuming criminal proceedings. It will mean businesses will benefit from a more straightforward process with sanctions that better fit their non-compliance and send a clear signal that the worst offenders should receive the toughest criminal penalties.â€
The powers, conceived by Professor Richard Macrory, were designed to create a modern and targeted system that will give regulators greater flexibility to impose more appropriate sanctions on non-compliant businesses. The Environment Agency and Natural England will be able for the first time to accept a voluntary commitment from a business to remedy non-compliance.
The existing system was considered to be too reliant on costly and time consuming criminal prosecutions. The new powers will not replace existing informal methods such as advice and guidance. Businesses and individuals will have access to an appeals process through an independent and impartial tribunal.
The criminal courts already have substantial powers to impose proportionate sanctions for environmental offences. The Government also has plans for new sentencing powers to enable the courts to put restoration ahead of monetary penalties. Courts would be able to remove the financial benefit from non-compliance and order environmental restoration and restitution to local communities.
