Environmental restriction notices and restriction orders

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Environmental restriction notices and restriction orders
  • Restriction notices
  • When can a restriction notice be issued?
  • What is the effect of a restriction notice?
  • Contents of a restriction notice
  • Restriction orders
  • When can a restriction order be made?
  • Contents of a restriction order
  • Duration of a restriction order
  • Variation and discharge of a restriction order
  • More...

Environmental restriction notices and restriction orders

Restriction notices

Section 109A of the Environment Act 1995 (EA 1995) gives the Environment Agency (EA) and Natural Resources Wales (NRW) in England and Wales the power to issue a notice to restrict access to premises and the importation of waste into premises for up to 72 hours by issuing a restriction notice where there is a risk of serious pollution to the environment or serious harm to human health as a result of the treatment, keeping, deposit or disposal of waste and the notice is necessary to prevent that risk from continuing.

For information on the EA’s other powers to investigate criminal offences, see Practice Note: Environment Agency—powers to investigate environmental crime.

For information on NRW’s other powers to investigate criminal offences, see Practice Note: Natural Resources Wales—powers to investigate environmental crime.

Restriction notices are only available for use by the EA and NRW.

Before issuing a restriction notice, the EA or NRW must make reasonable efforts to inform the occupier and the owner of the premises that the notice is going to be issued to consult the occupier and the owner of the premises on the arrangements for access to the premises, or to the particular part of the premises, by persons acting on behalf of the occupier or the owner for any purpose, including for the purpose of maintaining machinery and

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