Environment Agency Enforcement Powers - Recent Changes

Introduction

This new virtual classroom seminar is suitable for busy practitioners who might have missed several recent changes in the world of environmental compliance, as well as regulatory practitioners looking to expand their practice into the environmental sphere.

The Environment Agency (‘EA’) is the regulator responsible for ensuring compliance with environmental permits for the waste and water sectors.

Under the Environmental Permitting (England and Wales) Regulations 2016, the Environment Agency must make routine periodic visits to those they regulate.

Since the inception of the joint unit for waste crime, the EA has been proactively seeking to crack down on those who break the law.

This has led to the EA being given greater enforcement powers.

This session will ensure you are aware of the changes so that you are in the best position to advise clients on environmental compliance or defend criminal proceedings in England and Wales.

What You Will Learn

This live and interactive course will cover the following:

• Water (Special Measures) Bill 2024 which seeks to introduce a new offence for a water undertaker or sewerage undertaker to impede an investigation and reduce the standard of proof for civil sanction to the balance of probabilities
• The Environment Act 2021 (Schedule 10) which gave the Environment Agency the power to search during investigations, which was previously a power preserved for the police
• The Environmental Civil Sanctions (England) (Amendment) Order 2023, which lifted the previous £250,000 cap on variable monetary penalties
• The Environment Act 1995 (new s.109) giving the Environment Agency the power to deal with the cause of imminent danger of serious pollution by introducing Restriction Orders
• The right and powers generally of the Environment Agency during a routine inspection and the rights of operators when visited, including compulsory questioning and statutory requests for information

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.