The Environment Act 2021 brings important changes aimed at improving environmental protection. One key new feature is that the Environment Agency now has civil sanctioning powers, which allow it to act more flexibly when businesses break regulations.
These powers are especially relevant with the introduction of the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024. Commencing on January 1, 2025, these regulations hold businesses accountable for the impact of their packaging on the environment. After consultations that began in 2019, this law aims to encourage companies to take greater responsibility for their packaging waste.
Unlike previous sanctions outlined under the Regulatory Enforcement and Sanctions Act of 2008, these new powers can be enforced even if the breach doesn’t count as a criminal act. This means the Environment Agency has more options to ensure compliance and to act quickly when necessary.
The Agency is also updating its Enforcement and Sanctions Policy (ESP) to align with these new powers. A consultation is currently in progress, focusing on how they intend to impose these new sanctions and what processes will be put in place for appeals.
Some highlights of the consultation include:
- The method for calculating penalties under the Environment Act.
- The handling of enforcement actions taken against violators.
- The process for appealing any imposed sanctions.
The Environment Agency remains committed to its original principles: stopping illegal activities, repairing environmental damage, and deterring future violations. Stakeholder feedback is crucial to shaping how these new sanctions will work.
Once the consultation is complete, the Agency will share updates and the revised ESP on the GOV.UK website, ensuring transparency and continued engagement with the community.
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Environment Agency, Packaging Waste, Producer Responsibility Obligations, the Agency, civil sanctions
