The next step

To the updated EA policy

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The EA’s new enforcement policy

An update. As the Environment Agency (EA) continues to deal with a range of compliance breaches through enforcement notices, fines and civil sanctions, it has updated its policy document (see The next step ). The new policy replaces the previous statement and guidance. It clarifies the EA’s position on enforcement, including how it uses civil sanctions as opposed to trying to prosecute businesses that flout environmental laws.

What does it say? The document lays out the criteria by which the EA makes decisions as part of its commitment to firm but fair regulation. It promises to:

• act proportionately, to make sure the sanction fits the seriousness of the breach and the impact on the environment
• only take action when needed - and not allow businesses to pursue economic growth at the expense of protecting the environment
• be consistent in the way it takes action and gives advice.

EUs. The EA has a full range of enforcement and sanctioning tools available - and isn’t afraid to use them, particularly in the most severe cases. The good news is that you have the option to offer a voluntary enforcement undertaking (EU) (see yr.14, iss.10, pg.7 ). This acts as your promise to undertake specific actions, agreed with the EA, to mitigate any impacts your offence might have had on the environment and other third parties. If it’s not possible to fully restore any environmental damage, you will need to offer some form of compensation, e.g. planting trees or donating to an environmental charity.

Tip. The EA does not have to accept your offer of an EU, but it is more likely to do so if you get in early to acknowledge any damage that has been caused, rather than allowing it to make the first move after a complaint has been made.

For a link to the updated EA policy, visit http://tipsandadvice-environment.co.uk/download (EN 14.10.01).