Consultation on Environment Agency’s Enforcement and Sanctions Policy
The Environment Act 2021 introduced a new form of civil sanction for use in various new or amended regulatory regimes being addressed by the Act. These include regimes for which the Environment Agency is or will be the regulator, including:
- Extended producer responsibility
- The deposit return scheme
- Digital waste tracking
- Hazardous waste
- International waste shipments.
The new form of civil sanction is described in the Environment Act 2021 as being ‘a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008’ (RES Act). In contrast to RES Act civil sanctions, these new civil sanctions can be imposed in relation to a breach whether or not it is an offence, and the detailed requirements of the RES Act, such as the standard of proof, can be changed.
The EA are consulting to seek your views on their proposals – deadline for responses is 5th March.