The Environment Agency has released a consultation around the application of civil sanctions outlined in the 2021 Environment Act.
Any changes to how the sanctions are used post-consultation will require an amendment of the current Enforcement and Sanctions Policy (ESP), and in turn change the way the packaging EPR (pEPR) system is enforced.
The ESP outlines the principles and tools used by the EA and other agencies to ensure environmental regulations are adhered to. Under the Environment Act, the agencies were given new powers to enforce new regulatory regimes such as pEPR and future deposit return schemes.
The consultation asks stakeholders to consider proposals as to how the sanctions will be applied, and in particular whether the new approach is fair, reasonable and proportionate. Whereas the actual powers available to the agencies are largely the same, in many cases the penalties given to non-compliant businesses have been made greater. For instance, Variable Monetary Penalties will now be uncapped (as opposed to a set upper limit).
You can read and respond to the full consultation here.
