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The Polluter Pays: New legislation to scrap limits on penalties

New laws will scrap the current £250,000 limit on civil penalties that can be imposed on those found to be polluting the environment and will target a much wider range of environmental offences

While the most serious cases will still be prosecuted under criminal law, in the case of other offences the new legislation will make it easier for the Environment Agency and Natural England to impose penalties, offering a quicker method of enforcement than lengthy and costly criminal prosecutions.

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The penalties levied will be proportionate to the degree of environmental harm, the size of the operator, and the degree of responsibility and harm.

Environment Secretary Thérèse Coffey said: ‘Polluters must always pay. We are scrapping the cap on civil penalties and significantly broadening their scope to target a much wider range of offences – from breaches of storm overflow permits to the reckless disposal of hazardous waste.

‘It builds on action being taken right across government to stand up for our environment – tackling pollution, protecting delicate ecosystems and enhancing nature.’

Polluters will now face unlimited penalties and new powers will also enable these higher penalties to be levied as a civil sanction for offences under the Environmental Permitting (England and Wales) Regulations 2016, under which the majority of Environment Agency investigations take place. This will strengthen regulators enforcement powers and will hold all those with environmental permits – from energy and water companies to waste operators and incinerators – to greater account.

Environment Agency Chair Alan Lovell said: ‘We regularly prosecute companies and individuals through criminal proceedings, but these new powers will allow us to deliver penalties that are quicker and easier to enforce, even though the most serious cases will continue to go to court.

‘That should be an important deterrent – boosting compliance across a range of sectors, driving down pollution and safeguarding the ecology and prosperity of our natural world.’

The amendments to legislation will be approved by both Houses of Parliament before coming into force.

Paul Day
Paul is the editor of Public Sector News.
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