Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Environment agency definition

What does Environment agency mean? In practice, “environment agency” refers to the public environmental regulator for a jurisdiction: the body that issues environmental permits, regulates pollution and waste, manages water resources, undertakes enforcement (including prosecutions and civil sanctions), and acts as a statutory consultee on planning and major infrastructure consents. In England, this is the Environment Agency, an executive non‑departmental public body sponsored by Defra, created by the Environment Act 1995. Its principal aim is to protect or enhance the environment, taken as a whole, and to contribute to sustainable development (s 4). It also leads on flood and coastal erosion risk management....

Environment Agency statutory powers of entry and investigation: scope, warrants, notice, privilege, emergency seizure, works/other entry; Natural England compliance monitoring (England and Wales)

Published by a LexisNexis Environment expert

Practice notes

The Environment agency (EA), Natural Resources Wales (NRW), the Health and Safety Executive (HSE) and Natural England possess extensive, though not limitless, statutory powers to enter premises lawfully.

Environment Agency powers

Rights of entry and investigation under section 108 of the Environment Act 1995 (EA 1995) may lawfully be exercised without a warrant in appropriate circumstances, although a warrant might be necessary where permission to enter has been, or is expected to be, refused. However, access must strictly comply with the express terms of written authorisation and be solely for the specified purpose of:

ascertaining whether pollution control or flood risk activity law is being, or has been, complied with
carrying out one of the authority’s relevant pollution control or flood risk activity functions
deciding whether, and if so how, such a function should be appropriately performed
establishing whether any of the offences listed in EA 1995, s 108(1)(d) are being, or have been, committed

Powers of entry are also available to the authority under EA 1995, s 108 where the EA is required to undertake any assessment or to prepare any report under EA 1995, s 5(3) or 33(3). These powers are exercisable where the assessment or report relates...

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Web page updated on 21/05/2026

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