Back in April and May 2023 the Department for Environment Food and Rural affairs (DEFRA) launched a consultation to review the financial penalties for environmental non-compliance. Currently under the Environmental Civil Sanctions (England) Order 2010, there are a range of measures which the regulator can use to penalise businesses who break environmental laws. These include fixed and variable monetary penalties, compliance notices, restoration notices and stop notices, and enforcement undertakings.
The fines for environmental offences related to ‘Variable Monetary Penalties’ is capped at £250,000 however the consultation considered a removal of that cap, so that variable monetary penalties could now be unlimited.
It also considered including variable monetary penalties for businesses with environmental permits under the Environmental Permitting (England and Wales) Regulations 2016.
The Consultation has now closed and DEFRA has stated that legislation will be amended to come into force in December 2023 bringing in the changes.
It’s never been more important to ensure you are compliant in order to avoid increasing financial penalties (as well as the cost of reputational damage, down time and remedial costs). Get in touch to talk about how EHS Management Consultancy Ltd can support you in gaining peace of mind and fully understanding your compliance status. Contact EHS Management Consultancy by email or phone
