Environment Agency's New Civil Sanctions Powers Implemented

From 4 January 2011, for some offences in area of waste, including waste packaging, the main environmental regulator in England and Wales, the Environment Agency ("the Agency") has announced that it may use civil sanctions to deal with breaches of environment law. Whilst supplementing rather than replacing existing enforcement options such as criminal prosecution and introducing more flexibility, uncertainty and challenge may arise during the introductory period as and when the new sanctions are applied. It is anticipated that environmental permitting will be brought into the civil sanction regime after April 2011.

The Regulatory Enforcement and Sanctions Act 2008 (the "RES Act") introduced alternative civil sanctions that could under certain conditions be provided to regulators. Having met the conditions, in 2010 the Agency were granted the powers pursuant to separate Orders in England and in Wales. In order to provide some certainty and clarity in approach,