Applying Environment Act 2021 Civil Sanctions
Introduction
The consultation describes how the Environment Agency proposes to apply Environment Act 2021 civil sanctions when they become available in future waste regimes for example the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.
The new civil sanction powers introduced through the Environment Act 2021 are separate to the civil sanctions we impose and enforcement undertakings we accept or reject under the RES Act.
We will update our Offence Response Options documents to give clarity on all powers available for use following the introduction of new regulations enabling us to impose or accept Environment Act 2021 civil sanctions.
To implement these changes, we need to revise our published ESP. We previously consulted on amendments to the ESP in May 2024.
Our ESP details how we use our enforcement and sanctioning powers to secure compliance with laws that protect the environment. It covers the range of actions we can take when we identify that a breach or an offence has occurred.
These actions include:
- Use of notices to stop illegal activity and restore and remediate any damage to the environment
- Provision of advice and guidance
- Use of warning letters
- Provision of simple cautions
- Civil penalties
- Civil sanctions
- Criminal prosecutions
We undertake outcome focused enforcement to achieve 4 outcomes:
- Stop illegal activity from occurring or continuing
- Put right environmental harm or damage, also known as restoration or remediation
- Bring illegal activity under regulatory control, and so in compliance with the law
- Punish an offender and deter future offending by the offender and others