Unit 7:  Environmental Law And The Environmental Management System

7.4  Environmental Offences

Introduction
This concluding part of Unit 7, and of the entire module itself will give a critical analysis of the current and future enforcement methods of environmental law within the UK.


Enforcement Patterns For Environmental Offences
Do you ever wonder why the larger, highly polluting companies can still operate after large pollution fines, whilst small companies are crippled by them? It seems that fines for the larger companies act as no deterrent in preventing pollution, and often, in order for them to install appropriate abatement technology, it would be cheaper to keep paying fines. Also, it appears that enforcement of regulation, prosecutions and levels of fines have not become standardised throughout the UK.

It is still apparent that the courts in the UK still remain in the early stages of developing clear and coherent systems in the assessment and evaluation of environmental offences. An interesting article for you to read, which summarises the trends in the enforcement of environmental offences is:

  • Fairley R and Rees M (1997) Trends in the Enforcement of Environmental Offences,
    in: Hunter K (ed) 1997 Environmental Management Policy and Procedures: Special Report Issue No 28 Croner.
It is likely that the communication of the work of the Environment Agency and SEPA to the courts in this area will improve the enforcement policy of the courts.

Changes in the enforcement policy of the Environment Agency (EA) will ensure that the environment is better protected. The policy outlines the main points to be adhered to that must be followed across all the areas that are regulated by the EA.

The decision to prosecute will be based upon:
  • Any breaches of legislation or incidents that have, or potentially have significant consequences for the environment.
  • Undertaking any operations without a licence.
  • Persistent or extremely high breaches of regulatory requirements.
  • Failure to comply with any formal remedial requirements issued.
  • Complete disregard for quality or management standards.
  • Failure to supply information without reasonable excuse or blatantly supplying false or misleading information.
  • Obstructing EA staff in undertaking their duties.
  • Impersonating EA staff.
This policy was announced in November 1998, and defines the factors considered in prosecuting. These cover what environmental effect has been caused by the offence, the forseeability of the offence, the intent of the offender, the offending history, the attitude of the offender, the level of deterrent incurred by the prosecution and the personal circumstances of the offender.

This policy also views that management is charged with the ultimate responsibility of preventing poor environmental practice. Furthermore, the EA will consider the roles played by the individual managers within a company as well as taking action against companies. Action will also be taken should the offence have been committed with their consent, was caused by neglect or was ignored.

Methods of preventing the occurrence of pollution include the use of Enforcement Notices and withdrawing or suspending licences. Rather than using prosecution, the EA can issue warnings or cautions that can be communicated to the court should the offender be convicted of an offence in the future.

The guidelines exist for a clear and consistent enforcement and regulatory regime to be implemented throughout the UK. The introduction of the new powers of the EA were scheduled for gradual implementation for April 1999- the first of which are: the ability to issue a notice requiring work to be undertaken to prevent or remedy water pollution or to mitigate its effects.

Works Notice regulations will empower the EA to act prior to a pollution event and make sure that pollution to the aquatic environment will be charged to those responsible.

Risk base analysis/assessment undertaken with the individual on which a Notice is to be served will make sure that Notices will be site specific with regards to what will be done and in what time scales.

Your local EA office can be contacted on 0645 333111 for a copy of the Enforcement and Prosecution Policy.


SUMMARY:

The Environmental Agency Believes Regulation Should Be Based Upon:

PROPORTIONALITY IN APPLYING THE LAW - THE ENFORCEMENT ACTION TAKEN BY THE EA WILL BE IN PROPORTION WITH THE RISKS POSED TO THE ENVIRONMENT AND THE SERIOUSNESS OF ANY BREACH OF LAW CONSISTENCY OF APPROACH- TAKING SIMILAR APPROACH IN SIMILAR CIRCUMSTANCES TO ACHIEVE SIMILAR GOALS TRANSPARENCY CONCERNING OPERATION- IN ORDER FOR THOSE REGULATED UNDERSTAND WHAT IS EXPECTED OF THEM AND WHAT THEY SHOULD EXPECT FROM THE EA TARGETING OF ENFORCEMENT ACTION- ENSURING THAT THE EA EFFORTS ARE DIRECTED TOWARDS THOSE WHOSE ACTIVITIES GIVE RISE TO, OR RISK OF, SERIOUS ENVIRONMENTAL DAMAGE.