Environmental prosecution and enforcement policy
Produced in partnership with Christopher Badger of 6 Pump Court; and Christian Jowett of 30 Park Place, Cardiff and 36 Group, 36 Commercial, London

The following Corporate Crime practice note produced in partnership with Christopher Badger of 6 Pump Court; and Christian Jowett of 30 Park Place, Cardiff and 36 Group, 36 Commercial, London provides comprehensive and up to date legal information covering:

  • Environmental prosecution and enforcement policy
  • Environmental enforcement principles
  • Who enforces environmental laws in England and Wales and what remits do they have?
  • Environment Agency
  • Natural Resources Wales
  • Natural England
  • Local Authorities
  • The purpose of enforcement and enforcement options
  • EA and NRW
  • Natural England
  • More...

Environmental prosecution and enforcement policy

Environmental enforcement principles

Three principles form the basis of environmental protection in the UK:

  1. the preventative principle—promotes the prevention of environmental harm as opposed to remedying harm that has been caused and is often linked to the precautionary principle

  2. the precautionary principle—being ‘safe rather than sorry’ and where reasonable evidence exists, requires action to avoid potential negative impacts to be taken, instead of waiting for absolute proof, and

  3. the polluter pays principle—that anybody responsible for producing pollution should also be responsible for paying for the damage done to the environment as a result of that pollution

The Environment Bill requires the preparation of a statutory policy statement on five internationally recognised environmental principles. On 10 March 2021, the Department for Environment, Food & Rural Affairs (DEFRA) launched a consultation on a draft policy statement on environmental principles, which closed on 2 June 2021 (see LNB News 10/03/2021 66). This policy statement will see five environmental principles committed to by the UK government to guide its work and ensure considerations for the environment remain central to policy making. In addition to the above three principles will be:

  1. the integration principle—policy-makers should look for opportunities to embed environmental protection in other fields of policy that have impacts on the environment

  2. the rectification at source principle—if damage to the environment cannot be prevented it should be

Popular documents