In May 2018, the Environment Agency updated its policy document in relation to enforcement and prosecution.
Sukhdip Randhawa of Kangs Solicitors comments upon this policy update.
Code of Conduct | Kangs Waste Management Solicitors
The Environment Agency is able to enforce a range of legislation and schemes in order to protect the environment by way of either civil or criminal action.
When bringing any action the Environment Agency must comply with its own Regulators Code and failure to do so may provide any defendant with a defence to the proceedings being pursued.
The Environment Agency is required to act proportionately, be consistent and transparent in the way that it conducts its business.
Its policy indicates that it will prioritise and pursue investigations that involve:
- Serious environmental harm or harm to human health
- Organised crime
- Other criminal activity
- Substantial legal gain
- Threats of violence
- Other aggravating factors
Enforcement Proceedings | Kangs Waste Disposal Defence Solicitors
Before any enforcement, or similar action, is taken, the Environment Agency will generally engage with those concerned in any breach that may have been caused which provides the opportunity for legal advice and guidance to be sought at the outset.
Prior to the issue of any proceedings, the Environment Agency will normally:
- Serve a Notice of Intent
- Provide an opportunity to make representations in writing
- Give those served with the Notice twenty eight days to make representations
- Consider the representations received before making a final decision on whether to serve the penalty or the amounts
- Give Notice of its final decision
- Provide concise reasons for its actions.
The Agency will almost always seek to recover the costs which it has incurred for:
- enforcement proceedings
- and/or any remedial work they carry out
The Environment Agency will consider all other options before taking or issuing criminal proceedings and prosecution will only be pursued as a last resort.
How Can We Help You? | Kangs Environment Agency Advisory Solicitors
If you are being investigated by the Environment Agency then please contact our team which has a wealth of knowledge and experience in dealing with regulatory matters of all nature.
Our specialist Solicitors are able to provide advice and assistance throughout the entire criminal process, from any initial communication with the Environmental Agency to any potential trial.
Should you have any questions, or need advice on any regulatory topics please to not hesitate to contact the team through one of the following who will be happy to guide you: