Environmental offences

Environmental offences guidance:

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 statutory nuisance is an activity which is or is likely to be: • a nuisance, or • prejudicial to health It is the...

Practice Note

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...

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

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

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 This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will...

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 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...

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

On 1 January 2017, the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 came into force. The EPR 2016 consolidates and revokes the...

Practice Note

Environmental enforcement principles Three principles form the basis of environmental protection in the UK: • the preventative principle—promotes the prevention of...

Practice Note

Restriction notices Section 109A of the Environment Act 1995 (EA 1995) gives the Environment Agency (EA) and Natural Resources Wales (NRW) in England and Wales the power...

Practice Note

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...

Practice Note

What is fly-tipping? Fly-tipping is the illegal deposit of waste. It can cause pollution, harm to human health and can affect the amenity of the area. It undermines the...

Practice Note

Click here to download the latest Environment 2019 report, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are covered in this...

Practice Note

Substances which could pose a threat to human health or the environment are regulated in a variety of contexts: • in the workplace, via health and safety legislation •...

Practice Note