30 Park Place, Cardiff and 36 Group, London
3 Contributions by 30 Park Place, Cardiff and 36 Group, London Experts
PRACTICE NOTES
Who enforces environmental laws in England and Wales and what remits do they have?
The principal regulators and enforcement authorities in England and Wales are:
the Environment Agency (EA)
Natural Resources Wales (NRW)
Natural England (NE)
local authorities
In Scotland, the Scottish Environment Protection Agency (SEPA) is the counterpart environmental body; for details of SEPA’s powers to monitor and enforce environmental laws, see Practice Note: Scottish Environment Protection Agency—powers to investigate environmental crimes.
Environment Agency
In England, the EA is the lead enforcement authority. It oversees a broad remit, covering pollution control, waste regulation, water resources management, flood and coastal risk management, fisheries, conservation and navigation. It also manages flood risk from main rivers, reservoirs, estuaries and the sea, and protects wildlife and habitats. Lead local flood authorities (LLFAs) are responsible for flood risk from surface water, groundwater and ordinary watercourses, and take the lead on community recovery. The EA
Corporate Crime
PRACTICE NOTES
Sentencing
The Sentencing Council has issued offence‑specific sentencing guidelines (the Guidelines) for application in magistrates’ courts and Crown Courts in England and Wales covering unauthorised or harmful waste deposit, treatment or disposal, and unlawful releases to air, water and land, contrary to section 33 of the Environmental Protection Act 1990 (EPA 1990) and regulations 12 and 38(1)–(3) of the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 (EPR 2016). They also note the now‑revoked Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675, which were superseded by EPR 2016. The Guidelines have effect from 1 July 2014, irrespective of the date of the offence. They do not apply in Scotland or Northern Ireland, though sentencers in those jurisdictions may consult them when determining sentence. For guidance on the investigation, prosecution and sentencing of environmental offences in Scotland, see: Scottish
Corporate Crime
PRACTICE NOTES
When does Natural England investigate?
There is an overlap in the duties of the various enforcement bodies (eg the police, local authorities, the Environment Agency (EA), Natural England (NE), Natural Resources Wales (NRW)) that address crimes against the environment. In any environmental investigation, the first task is invariably to determine precisely which organisation is responsible for enforcement action in the circumstances.
For information on the powers held by other environmental enforcement agencies, see the following Practice Notes:
Environment Agency—powers to investigate environmental crime
Natural Resources Wales—powers to investigate environmental crime
Local authorities—powers to investigate environmental crime
Scottish Environment Protection Agency—powers to investigate environmental crime
For information on the enforcement of environmental offences generally, also see the Practice Note: Environmental prosecution and enforcement policy.
NE is an executive Non-Departmental Public Body, sponsored by the Department for Environment, Food and Rural Affairs (Defra), which was established to conserve England’s wildlife, land and seas.
Corporate Crime
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