Environmental prosecution and enforcement policy

Copyright © 2025 LexisNexis
Produced in partnership with Christian Jowett of 30 Park Place, Cardiff and 36 Group, London
Practice notes

Environmental prosecution and enforcement policy

Copyright © 2025 LexisNexis

Produced in partnership with Christian Jowett of 30 Park Place, Cardiff and 36 Group, London

Practice notes
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Who enforces environmental laws in England and Wales and what remits do they have?

The main Enforcement and regulatory bodies in England and Wales are:

  1. •

    the Environment agency (EA)

  2. •

    Natural Resources Wales (NRW)

  3. •

    Natural England (NE)

  4. •

    local authorities

The Scottish Environment Protection Agency (SEPA) is the environmental body in Scotland and for information on SEPA’s powers to monitor and enforce environmental laws, see Practice Note: Scottish Environment Protection Agency—powers to investigate environmental crimes.

Environment Agency

EA, is the primary enforcing body in England. Within England, it is responsible for regulating a range of areas including pollution control, waste regulation, the management of water resources, flood and coastal risk management, fisheries, conservation and navigation.

EA is also responsible for managing the risk of flooding from main rivers, reservoirs, estuaries and the sea, and the protection of wildlife and habitats.

Lead local flood authorities (LLFAs) are responsible for managing the risk of flooding from surface water, groundwater and ordinary watercourses and lead on community recovery.

EA publishes

Christian Jowett
Christian Jowett chambers

Barrister, 30 Park Place, Cardiff and 36 Group, London

Christian’s core specialisms lie in regulatory law and in administrative law.

Christian’s environmental crime practice focuses primarily on waste, but extends to the whole calendar of environmental offending. He has a particular interest in subsidiary confiscation and asset recovery under the Proceeds of Crime Act 2002, which is best represented by R v Morgan [2013] EWCA Crim. 1307, [2014] 1 All E.R. 1208, [2014] Env.L.R. 5, [2013] Lloyd's Rep FC 655, an appeal arising from an environmental prosecution, which concerned the interface between criminal confiscation, environmental regulation, landfill tax and the effect of Article 1, Protocol 1 to the ECHR.

A longstanding member of the Wales Working Party of the UK Environmental Law Association, Christian was elected to its National Council in 2017 with special responsibility for Wales, and has for several years co-convened UKELA’s Wales Devolved Group.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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