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Consultation on proposals for Fairer and Better Environmental Enforcement

This joint Defra and Welsh Assembly Government consultation invites your comments on Government proposals for more transparent, proportionate, consistent and effective environmental enforcement in England and Wales. The proposals include introducing new regulator-imposed civil sanctions to help create a better graduated system of enforcement; and initial proposals to strengthen the role of the criminal courts in sentencing the worst cases, which would continue to be prosecuted.

The proposals are designed to give regulators better tools to protect the environment and communities, and to level the playing field for compliant business. It is proposed that the Environment Agency, Natural England and Countryside Council for Wales should be able to use civil sanctions.

The proposals build on the 2006 recommendations of Professor Richard Macrory’s report on regulatory sanctions generally, and the conclusions of the government’s Review of Enforcement in Environmental Regulation.

The proposals would introduce the following civil sanctions for regulators to use:

  • a range of enforcement notices: a Compliance Notice; Restoration Notice; and Stop Notice
  • Fixed Monetary Penalties - for lesser examples of non-compliance
  • Enforcement Undertakings - by which an operator could offer voluntary commitments to comply, and to fully make amends for the effects of their non-compliance. The regulator may decide to accept an Undertaking instead of imposing other sanctions.
  • Variable Monetary Penalties - enabling regulators to impose a proportionate financial penalty for moderately serious non-compliance, including removal of financial benefit from non-compliance.

The proposed civil sanctions scheme is designed to be transparent and proportionate; the new scheme would be applied consistently and accountably under government guidance; the scheme will aid regulators in targeting enforcement action on risk.

Key documents

Hard copies of the consultation document, Annexes and other materials are available on request.

The consultation runs for 12 weeks and closes on 14 October 2009. Please send responses to: FairerandBetterEnvironmentalEnforcement@defra.gsi.gov.uk.

Please let us know if you would like to attend a presentation on the proposals. Events will be held during the consultation period.

Further information

Page published: 22 July 2009