The following Environment practice note provides comprehensive and up to date legal information covering:
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 civil sanctions, instead of prosecuting. In 2010, powers were given to the Environment Agency (EA) and Natural England (NE) for a number of environmental offences. In 2015, the scope of civil sanctions was extended when the EA was given power to accept enforcement undertakings in respect of environmental permitting offences.
The Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 applies in England and the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 of both regulations specifies which sanctions are available for each offence.
The EA began using its
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Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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