Breaking news from Defra:
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December 23, 2014

From 6 April 2015 enforcement undertakings should be available to deal with environmental permitting offences.

These are affirmative resolution procedure regulations, so will first need to be debated in Parliament. All the main offences under regulation 38 EPR are covered, apart from breaches of enforcement notices etc, and those involving deception/fraudulent mis-reporting etc.

This comes as very welcome news to UKELA, who have been pressing for civil sanctions to be introduced for environmental permitting offences for some time (including through correspondence between our Chair and Defra/other relevant ministers).

You can view the draft regulations here

These regulations amend the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) in relation to England. They provide for the Environment Agency to accept an enforcement undertaking in respect of an offence under regulation….