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

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.