Environmental offences

Environmental offences guidance:

Produced in partnership with Jeremy Phillips and Charles Forrest of Francis Taylor Building [name] [District] [Borough] [City] Council ABATEMENT NOTICE made under section...

Precedents

This Practice Note provides an introduction to environmental criminal liability, offences and the different stages of the criminal process from investigation to...

Practice Note

This Practice Note explains the powers available to deal with anti-social behaviour in an environmental context, in particular those introduced by the Anti-social...

Practice Note

Statutory nuisance leading to abatement notice A local authority has a duty to inspect its area from time to time for any statutory nuisances, and where a complaint of a...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Environmental incidents often happen without warning and with significant consequences. It can be easy in those circumstances to fail to maintain a clear head about...

Practice Note

In the Crown Court, on application of the prosecutor (or on its own motion if the court thinks it appropriate), the court must consider making a confiscation order...

Practice Note

Consequences of non-compliance If a requirement in a remediation notice has not been carried out, the enforcing authority will need to consider whether to: • prosecute •...

Practice Note

Who may be liable? Anyone who is an 'appropriate person' may be liable for remediation of contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA...

Practice Note

The Control of Major Accident Hazards Regulations 2015 (COMAH 2015), SI 2015/483, aim to prevent major work place accidents occurring and put in place controls, so that...

Practice Note

What environmental offences require mens rea? While most environmental offences are characterised by strict liability, a limited category require an element of mens rea...

Practice Note

The Environment Agency (EA), Natural Resources Wales (NRW) and Health and Safety Executive (HSE) have extensive, but not unlimited, powers to enter premises. Environment...

Practice Note

The Environment Agency (EA) is one of the regulators responsible for the enforcement of environmental law and the prosecution of environmental crime in England. Other...

Practice Note

TitleEnvironment Bill Key dateIntroduced to Parliament 30 January 2020 SubjectEnvironmental principles, governance, regulation, air pollution, waste and plastics,...

Practice Note

Reviewed by Professor Richard Macrory Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new...

Practice Note

Reviewed by Professor Richard Macrory. Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new...

Practice Note

Reviewed by Professor Richard Macrory Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal...

Practice Note

Reviewed by Professor Richard Macrory. Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new...

Practice Note

Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new civil sanctions, instead of...

Practice Note

Reviewed by Professor Richard Macrory Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new...

Practice Note

Reviewed by Professor Richard Macrory Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new...

Practice Note

Reviewed by Professor Richard Macrory Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new...

Practice Note

Reviewed by Professor Richard Macrory. Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using six new...

Practice Note

Brexit impact As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

The Environment Agency and Natural Resources Wales have published ‘Offence Response Options’ guidance which sets out the available means of enforcement for offences...

Practice Note

Regulatory Enforcement and Sanctions Act 2008 enables regulators to be given powers to deal with offences using civil sanctions, including environmental enforcement...

Practice Note