The following Environment practice note provides comprehensive and up to date legal information covering:
Reviewed by Professor Richard Macrory
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 implementation period, during which it continues to be subject to EU law. This has an impact on this content.
For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.
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 (Wales) Order 2010, SI 2010/1821. Natural England (NE) started using its powers from 3 January 2012. The EA and NE are responsible for enforcing environmental civil sanctions in England. From 1 April 2013, Natural Resources Wales (NRW) has been responsible for enforcing environmental civil sanctions in Wales.
Civil sanctions were introduced under the Regulatory Sanctions and Enforcement Act 2008 (RESA 2008) which provides the core framework. Orders made under RESA 2008 in relation to environmental civil sanctions came into force in England on 6 April 2010 and in Wales on 15 July 2010. They aim to make environmental law enforcement more flexible and effective for both regulators and businesses. EA guidance states that 'the aim of enforcement is to make sure business and industry takes appropriate
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