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

The following Environment practice 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
  • Environmental Permitting (England and Wales) Regulations 2016
  • Enforcement
  • Prevention or remediation of pollution by the regulator
  • Restriction notices
  • COVID-19 Regulatory Position Statements
  • Enforcement during coronavirus (COVID-19)
  • Offences
  • Breach of the requirement for an environmental permit under regulation 12(1)
  • Breach of a permit condition
  • More...

Environmental Permitting Regulations 2016—enforcement, offences and civil sanctions

Coronavirus (COVID-19): The Environment Agency (EA) has published a series of temporary COVID-19 Regulatory Position Statements (RPSs) to minimise risks to the environment and human health, where compliance with certain regulatory requirements is not possible due to COVID-19. COVID-19 RPSs have been issued in several sectors including waste management, water industry and agriculture. If the conditions of the COVID-19 RPS are complied with, then the EA will not normally take enforcement action. For more information on COVID-19 RPSs, see Q&A: What does coronavirus (COVID-19) mean for environmental compliance in areas such as environmental permitting?

Environmental Permitting (England and Wales) Regulations 2016

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.

Enforcement

The EPR 2016 provide a number of enforcement tools that regulators can use to require operators to comply with their permits and avoid

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