Outcome of the EA’s Consultations on applying Environment Act 2021 Civil Sanctions

Environment Agency (EA) launched a public consultation asking for views on proposed amendments to its enforcement and sanctions policy to apply civil sanctions.

EA proposed to add a new Annex explaining the approach to using the propose civil sanctions powers, particularly in relation to Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.

EA advised that it would outline the new powers available and its proposed approach to using these powers including:

• How they will determine the most appropriate enforcement response where the breach is also a criminal offence

• How they will calculate variable monetary penalties

• When they will accept or reject an enforcement undertaking

Following the consultation the EA published their summary of the main consultation findings and will now progress with publishing their revised enforcement and sanctions policy and associated with Annex 4.