Environmental Permitting Regulations 2016—enforcement, offences and civil sanctions
Produced in partnership with Craig Burman of Schofield Sweeney
Environmental Permitting Regulations 2016—enforcement, offences and civil sanctions

The following Environment guidance note Produced in partnership with Craig Burman of Schofield Sweeney provides comprehensive and up to date legal information covering:

  • Environmental Permitting Regulations 2016—enforcement, offences and civil sanctions
  • Brexit impact
  • Enforcement
  • Offences
  • Information breaches
  • Civil sanctions

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 Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675 which had been amended on numerous occasions. The EPR 2016 is now the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries and all offences occurring on or after 1 January 2017 will be prosecuted under the EPR 2016.

Offences committed before 1 January 2017, will be prosecuted under the EPR 2010.

Brexit impact

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.

Enforcement

The EPR 2016 provide a number of enforcement tools that regulators can use to require operators to comply with their permits and avoid risking pollution or harm to the environment.

For more information on EPR 2016, see Practice Notes: Environmental Permitting Regulations 2016—permit determinations and appeals and Environmental Permitting Regulations 2016—permits, applications and exemptions.

Enforcement