This Practice Note provides an introduction to environmental criminal liability, offences and the different stages of the criminal process from investigation to...
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...
Statutory nuisance leading to abatement notice A statutory nuisance is an activity which is or is likely to be: • a nuisance, or • prejudicial to health It is the...
Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will affect environmental law, see Practice...
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...
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...
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 •...
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...
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...
What environmental offences require mens rea? While most environmental offences are characterised by strict liability, a limited category require an element of mens rea...
The Environment Agency (EA), Natural Resources Wales (NRW) and Health and Safety Executive (HSE) have extensive, but not unlimited, powers to enter premises. Environment...
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...
Reviewed by Professor Richard Macrory Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences...
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...
Reviewed by Professor Richard Macrory Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will...
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...