Consultation on changes to the enforcement and sanctions policy - including implementing new water and waste enforcement powers
Overview
The consultation describes the changes that we are proposing to make to our Enforcement and Sanctions Policy. The consultation sets out:
- changes to general principles including how we assess enforcement undertakings. We have also added an additional enforcement penalty principle to better protect the interests of victims and simplified our public interest factors
- a new Annex 5 which sets out how we propose to apply Water (Special Measures) Act 2025 - Water (Special Measures) Act 2025 - civil sanctions when they become available. These include:
- civil variable monetary penalties imposed to the civil standard of proof “on the balance of probabilities”
- automatic penalties where we are under a duty to impose a fixed monetary penalty to the civil standard of proof “on the balance of probabilities”
- fixed monetary penalties where their use is discretionary
- proposed changes to Annex 4 which set out:
- proposed amendments to the enforcement approach for The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 - The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
- the proposed enforcement approach for the first phase of Digital Waste Tracking as enacted by The Digital Waste Tracking (England) Regulations 2026 - The Digital Waste Tracking (England) Regulations 2026
- the proposed enforcement approach for the Deposit Returns Scheme as enacted by The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 - The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025
- proposed changes to Annex 3 to clarify the enforcement approach under the Control of Mercury (Enforcement) Mercury Regulations 2017 - The Control of Mercury (Enforcement) Regulations 2017
We will need to be ready to enforce new legal requirements. We, therefore, must amend our Enforcement and Sanctions Policy to set out our approach.
The consultation is arranged in sections. You may choose to respond to the questions that are relevant to you.
Why your views matter
We are seeking your views on our proposals. You do not need to respond to every question.
We will use your feedback to make our final decisions.
Responding to this consultation
This consultation runs for 8 weeks from 10th August until 11:59 on the 4th October 2026. We will consider all responses received by the closing date before finalising our proposals.
We aim to publish our response to the consultation on GOV.UK within 12 weeks of this consultation closing and before we implement any changes. A link to this document will be added to the consultation page of Citizen Space.
Citizen Space provides an easy and efficient way for you to respond online. It allows us to:
- gather all responses in one place
- summarise responses quickly and accurately
- reduce the cost of the consultation
If you do not wish to respond using the online tool, you can download the response form (using the relevant link in the 'related' section at the end of this page) and email the completed form using the subject header 'Consultation on the Environment Agency's enforcement and sanctions policy' to enquiries@environment-agency.gov.uk.
Ask for a printed version of the consultation document
If you use assistive technology (such as a screen reader) and need a version of this document or the Response form in a more accessible format, you can contact our National Customer Contact Centre. It will help us if you say what assistive technology you use.
Email: enquiries@environment.agency.gov.uk
Telephone: 03708 506 506 ((Monday to Friday, 8am to 6pm)
Consultation principles
We’re running this consultation in line with the guidance set out in the government's consultation principles.
If you believe the consultation has not been run in accordance with these principles, please email consultation.enquiries@environment-agency.gov.uk
Otherwise, for all other queries relating to this consultation please email enquiries@environment-agency.gov.uk
Please click on the ‘Online Consultation’ link below to answer the consultation questions.
Audiences
- All water abstractors
- Angling trade contacts
- Business that buy salmon/supported by salmon net and rod fishing
- Businesses
- Charities
- Community groups
- Drainage associations
- Elected representatives, including MPs
- Environment Agency colleagues
- Environmental bodies
- Farming associations
- Flood action groups
- Flood Resilience Forums
- Individual migratory salmonid licence holders
- Land owners
- Local authorities
- Local councils
- Local Risk Management Authorities
- Members of the public
- Members of the public
- Members of the public
- Members of the public with an interest in the river, the species and conservation
- National based fishery, conservation and landowner organisations
- Net fishing license holders
- Recreational and commercial river users
- Recreational and commercial river users
- River based salmon angling owners/fishing clubs/organisations
- Somerset Rivers Authority
- Statutory organisations
- Water companies
Interests
- Business and industry
- Coastal management
- Drought
- Environmental permitting
- Fishing and boating
- Flood management
- Habitats and wildlife
- Installation
- Nuclear
- Permit pages
- Permits
- Radioactive substances regulations
- Specific projects, issues, or activity pages
- Waste
- Water quality
- Water resources
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