In a bid to bolster environmental protection and accountability, the UK government has unveiled new legislation that will eliminate the cap on civil penalties for environmental offences. The Department for Environment, Food & Rural Affairs (DEFRA) and the Environment Agency are set to wield more significant authority to enforce penalties for polluters who harm the environment.
The previous limit of £250,000 on variable monetary penalties that the Environment Agency and Natural England could directly impose on operators will be removed following a successful government consultation that received widespread public support.
Streamlined enforcement
One of the primary motivations behind this change is to streamline the enforcement process. By enabling regulators to issue penalties swiftly, the new measures aim to be a more efficient alternative to lengthy and costly criminal prosecutions. However, it is important to note that the most severe cases will continue to be pursued through criminal proceedings to ensure justice is appropriately served.
The enhanced powers will permit the imposition of higher penalties as civil sanctions for offences under the Environmental Permitting (England and Wales) Regulations 2016. This regulatory framework covers the majority of Environment Agency investigations, providing regulators with a more comprehensive toolset to drive compliance across various sectors. Energy and water companies, waste operators, incinerators, and all entities holding environmental permits will face heightened accountability.
Making polluters accountable
Speaking on the issue, Environment Secretary Thérèse Coffey emphasised that polluters must be held accountable for their actions. By scrapping the cap on civil penalties and broadening their scope, the government seeks to target a wider range of offences, from breaches of storm overflow permits to the reckless disposal of hazardous waste. This legislative development is part of a broader effort across various government departments to safeguard the environment, combat pollution, and preserve delicate ecosystems.
Minister for Environmental Quality and Resilience Rebecca Pow highlighted the government’s commitment to sternly enforce penalties and strengthen regulators’ powers to tackle environmental violations effectively. The removal of the cap on penalties, a measure outlined in the Plan for Water earlier this year, demonstrates the government’s prompt and decisive action in making this a law.
The Environment Agency Chair, Alan Lovell, expressed that while criminal proceedings will continue for the most severe cases, the new powers will serve as an essential deterrent, driving compliance and reducing pollution across multiple sectors. The move is crucial for safeguarding the ecological wellbeing and prosperity of the nation’s natural world.
Preventing environmental harm & governmental investment
To ensure fairness in levying penalties, the Sentencing Council guidelines contain provisions that consider the degree of environmental harm and culpability. Factors such as the operator’s ability to pay, the size of the operator, and the level of responsibility and harm caused are all taken into account when determining the appropriate penalty. The amendments to legislation will undergo approval by both Houses of Parliament before coming into effect.
As part of its commitment to improving water quality and environmental conservation, the government plans to reinvest future environmental fines and penalties from water companies into the newly established Water Restoration Fund. This fund will support on-the-ground improvements to water quality and fund local groups and community-led initiatives aimed at protecting waterways. River catchment groups, which unite local NGOs, councils, government agencies, and farmers to collaborate on catchment preservation efforts across the country, will benefit from this funding.
In conclusion, the UK government’s decision to impose unlimited penalties on polluters reflects its dedication to safeguarding the environment and ensuring that those who harm it are held accountable. Through these enhanced enforcement powers and an emphasis on responsible environmental stewardship, the nation takes a step closer to creating a cleaner, more sustainable future for all.
Acumen is regularly called upon to tackle a wide range of accidental and intentional cases of pollution and we welcome any proposals that have the potential to impose increased penalties to help prevent such cases.
