Environmental civil sanctions—enforcement bodies and outline of sanctions
Environmental civil sanctions—enforcement bodies and outline of sanctions

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • Environmental civil sanctions—enforcement bodies and outline of sanctions
  • Brexit impact
  • Enforcement bodies
  • RESA civil sanctions
  • Combining civil sanctions
  • Non-compliance penalty
  • Enforcement costs recovery notice
  • Criminal prosecution
  • Other civil sanctions

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 affect environmental law, see Practice Note: Brexit—environmental law implications, which details the relevant aspects of the withdrawal process, as well as providing insights into developments affecting environmental protection, such as the draft Environmental Principles and Governance Bill.

The date and time of withdrawal of the EU (exit day) is specified in UK law (under section 20 of the European Union (Withdrawal) Act 2018), but until the legal terms of the withdrawal negotiated with the EU are finalised, there remains a possibility that the UK’s membership will lapse automatically on exit day, without all the necessary legal and transitional arrangements in place. This has implications for practitioners considering specific environmental law regimes. For information on no deal guidance for these regimes, see Practice Note: Brexit—key publications on implications for environmental law, which provides links to relevant no deal guidance published by the government.

For details on Brexit related regulations relevant to the environment, see: Environment legislation tracker 2019 and Environment legislation tracker 2018.

Enforcement bodies

Since 4 January 2011, the Environment Agency (EA) has been using new enforcement powers under the Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 and the Environmental Sanctions