Date post: | 19-Jun-2015 |
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Environment Agency
Delivering Civil Sanctions
Regulatory Enforcement and Sanctions Act 2008
Defra/WAG Fairer and Better Environmental Enforcement Project
ECSO and ECSR ECS(W)O and ECSR
EA FBEE: Implementing Civil Sanctions
Programme
Implementation
Background
Consultation Response
55 responses from a range of stakeholders NGOsLimited companiesOther regulators
Generally positive and supportive of our approach BUT concerned about detail.
We have listened to stakeholder views and taken steps to improve our policies, documents and procedures.
National Enforcement Results2006, 2007, 2009
Prosecutions
808722 671
0
200
400
600
800
1000
2007 2008 2009
Cautions
385 408320
0
100
200
300
400
500
2007 2008 2009
Notices
461
300
197
0
100
200
300
400
500
2007 2008 2009
Benefits of the New Approach
Allow us to apply sanctions quickly in a more proportionate way
Focus on restoring damaged environments, stopping illegal activity quickly and removing financial gain
Embeds the “polluter pays” principle
Benefits for people and the environment
New Enforcement Documents
The Future
Enforcement and Prosecution Policy
Functional Guidelines
Enforcement and Sanctions Statement
Enforcement and Sanctions Guidance
Offence Response Options
Outcome focus
A. To Stop Offending – aim to stop an illegal activity from continuing
B. To Restore and/or Remediate – aim to put right environmental harm or damage
C. To Bring under Regulatory Control – aim to bring an into compliance with the law
D. Punish and/or Deter – to punish an offender and/or deter future offending
RES Act Civil Sanctions
RES Act
Fixed Monetary Penalties
Stop Notice Enforcement Undertaking
Variable Monetary Penalty
Compliance Notice Restoration Notice
Key Features
Only available where specified in the legislationMust be satisfied beyond reasonable doubt that an offence has been committedNotice of Intent and representations from the offenderAppeals to First Tier Tribunal Environment Agency can recover costs for all civil sanctions apart from FMPs and EUsAll revenue from financial penalties to Government not regulatorEnforcement of civil sanctions
Enforcement Undertakings
Offer form plus guidance on our website
Offered by the offender not imposed by the regulator
Can only be offered for where specified in the legislation
Contents of an Enforcement Undertaking
It must specify actions:to secure that the offence does not continue or recur
to secure that the position is “so far as possible” restored to what it would have been if the offence had not been committed
to benefit any person affected by the offence (including payment of a sum of money)
to secure equivalent benefit where full restoration is not possible.
Using Civil Sanctions Carefully
Use our powers responsibly, consistently and appropriately and learn from early adoption
Training ProgrammeOn-line course available to all staff for awareness raisingNetwork of Area and Legal Champions 1 day workshop for key staffSpecialist legal workshops
Strong governance – Local Enforcement Panels and Director-led national panel
Oversight by the Environment Agency Board
GovernanceEnvironment Agency Board
Oversight of the use of civil sanctions
National Panel
Local Enforcement
Panel
Officer
Final Approval
AM and RS
Offender
EUs and Reps
Governance Approval
Initial Approval
AEM and Lawyer
Where we think Civil Sanctions apply
Limited impact at first – where sanctions are applicable not all are available
Order and regulations list the availability
Main initial areas of use:Packaging
Waste deposits
Water Resources
Hazardous waste Regs
Other possible.
Next steps
Civil Sanctions use estimatesYear 1 – 10Year 2 – 70
We will start to use civil sanctions and new enforcement documents from 04 January 2011and implementation package available on websiteMonitoring and review by Defra of our use of civil sanctions in 2013Defra consultation on the introduction of civil sanctions for Environmental Permitting offences closed September 2010