The consultation will look at the powers the EA will be granted under incoming amendments to its Enforcement and Sanctions Policy (ESP).
These will allow it to regulate the following areas:
- Extended producer responsibility
- The deposit return scheme
- Digital waste tracking
- Hazardous waste
- International waste shipments
The EA noted it is aware that legislation is currently under development in relation to the deposit return scheme and digital waste tracking. It added that it anticipated that it will be necessary to revise the ESP again in relation to the use of civil sanctions once these two new regulations are released.
What civil sanctions are likely to be included?
A Defra spokesperson said: “Through the Environment Act 2021, we introduced a range of new civil sanctions that will give the Environment Agency a greater range of options to help ensure maximum compliance with incoming environmental regulations, including extended producer responsibility for packaging.
“The new civil sanctions will aid the Environment Agency’s ability to secure compliance with environmental regulations and will enable it to take swift and proportionate enforcement action in response to non-compliance with regulatory requirements.”
The Regulatory Enforcement and Sanctions Act 2008’ (RES Act) declares that the new sanctions can be imposed in relation to a breach whether it is an offence or not.
These actions include:
- Use of notices to stop illegal activity and restore and remediate any damage to the environment
- Provision of advice and guidance
- Use of warning letters
- Provision of simple cautions
- Civil penalties
- Civil sanctions
- Criminal prosecutions
The EA said that these actions could be taken to stop illegal activity, put right environmental harm or damage, bring illegal activity under regulatory control and punish an offender.
The full consultation can be viewed here. The consultation will close on 5 March 2025.
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