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JUDICIAL REVIEW
2019, VOL. 24, NO. 1, 1-18 Routledge
https://doi.org/10.1080/10854681.2019.1603736 Taylor & Francis Group
The Environmental Civil Sanctions Regime
Alistair Mills*
Barrister, Landmark Chambers; External College Lecturer in Law, Magdalene College Cambridge
The whole purpose of the civil enforcement legislation and regime is to avoid unnecessary crimi-
nalization: Forager Ltd v Natural England [2017] UKUT 148 (AAC) at [25]
Introduction
1. This article concerns civil sanctions that can be applied in place of prosecution for a number
of environmental offences. I start by setting out a general introduction to the regime, before
considering the constitutional implications. I turn to the detail of the different sanctions,
after which I consider three cases. The article ends with a short conclusion.
2. The civil sanctions regime is set out in the Environmental Civil Sanctions (England)
Order 2010 (SI 2010/1157) (2010 Order), made under the Regulatory Enforcement
and Sanctions Act 2008. Here, I consider the on-shore regime, rather than the
Offshore Environmental Civil Sanctions Regulations 2018.1
3. The 2010 Order grants a number of regulatory powers:
* fixed monetary penalties;
* variable monetary penalties;
* compliance notices;
* restoration notices;
* third party undertakings;
* stop notices;
* enforcement undertakings.
4. There are limitations upon the power to impose certain combinations of penalties (art. 5):
* For the same act or omission, if a variable monetary penalty has been imposed, or a
compliance notice, restoration notice or stop notice has been served, then a notice
of intent relating to a fixed monetary penalty may not also be served.
*This article is a version of a paper delivered at a seminar at Landmark Chambers on 25 March 2019. I am grateful to David Blun-
dell for his suggestions. All errors remain my own.
'There are further more specific civil sanctions, for instance prevention and remediation notices for cases that fall under the
Environmental Damage (Prevention and Remediation) Regulations 2009 (SI 2009/153). These are not considered here: for
more detail, see Natural England,' Enforcement Guidance (December 2011), pp. 8-9.
0 2019 Informa UK Limited, trading as Taylor & Francis Group](ViewImageLocal?handle=hein.journals/judire24&div=1&collection=&method=preview&ext=.png&size=3)
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