Environmental enforcement undertakings—environmental permitting—tracker
Published by a LexisNexis Corporate Crime expert
Practice notesEnvironmental enforcement undertakings—environmental permitting—tracker
Published by a LexisNexis Corporate Crime expert
Practice notesRegulatory enforcement and sanctions Act 2008 (RESA 2008) enables regulators to be given powers to deal with offences using civil sanctions, including environmental enforcement undertakings, instead of commencing a criminal prosecution. The environment agency (EA) and Natural Resources Wales (NRW) have the power to impose enforcement undertakings in relation to a number of offences under the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 (EPR 2016).
An enforcement undertaking is a written undertaking to take actions within a specified period:
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to secure the offence does not continue or recur
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to restore the position so far as possible to what it would have been had the offences not been committed
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to benefit a third party (including, where appropriate, a money payment), or
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to secure equivalent benefit or improvement to the environment, where it is not possible to restore the harm caused
Those who breach environmental regulation can, where an enforcement undertaking is available for the particular offence, set out how they propose to put the matter right and submit their proposal to their environmental
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