Natural England has been granted increased enforcement powers through the Regulatory Enforcement and Sanctions Act 2008, enabling its inspectors to impose civil sanctions for regulatory breaches. It has been able to use civil sanctions from the beginning of January 2012, after the sanctions were approved following a public consultation process.
While the NFU want to see a fairer, more proportionate approach to environmental enforcement, we have made it clear to Natural England through the consultation process that:
- It needs to demonstrate a 'no surprises' approach when carrying out enforcement action;
- Training and guidance should be provided for enforcement staff to ensure a consistent and proportionate approach
- Regular reviews need to be held with Natural England receptive to issues or concerns; and
- Advice and guidance to remain the normal response in the majority of cases of non-compliance
The NFU is supportive, in principle, of regulators gaining access to civil sanctions, giving them a wider range of enforcement tools other than just criminal prosecution, in dealing with businesses who do not comply with the law. However we have called for regular review periods to ensure the use of sanctions is as effective, consistent and proportionate as possible.
Our response to the consultation made it clear that there needs to be clarity and transparency on these sanctions from regulators and their use needs to be proportionate and consistent. The new sanctions must not replace existing informal methods such as advice and guidance to address minor non-compliance. We will continue to provide feedback to, and work with, Natural England to ensure civil sanctions are used appropriately and achieve their intended aims.
A briefing on the civil sanctions can be found at the top of the page. This provides background information on the civil sanctions and further information on Natural England implementation of the sanctions.
No comments have been made.