Environmental damage offences

Options available to environmental damage offences we regulate

Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

Regulation 13(3)

r.13(1)(a) and 13(3)

Failing to comply with Regulation 13(1)(a) of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, namely, as an operator of an activity that causes an imminent threat of environmental damage, or an imminent threat of damage in relation to which there are reasonable grounds to believe will become environmental damage, failing to immediately take all practicable steps to prevent the damage.

r.13(1)(b) and 13(3)

Failing to comply with Regulation 13(1)(a) of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, namely, as an operator of an activity that causes an imminent threat of environmental damage, or an imminent threat of damage in relation to which there are reasonable grounds to believe will become environmental damage, and where the threat has not been eliminated, failing to immediately notify all relevant details to the enforcing authority appearing to be the appropriate one.

r.13(3)

Failing to comply with a notice served under Regulation 13(2) of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, namely, as an operator of operator of an activity that causes an imminent threat of environmental damage, or an imminent threat of damage in relation to which there are reasonable grounds to believe will become environmental damage, failing to comply with the specified remedial measures, or equivalent measures, specified in the notice, within the time specified in it.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 14(3)

r.14(1) and (3)

Failing to comply with Regulation 14(1) of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, namely, as an operator of an activity that has caused an imminent threat of environmental damage, failing to immediately take all practicable steps to prevent further damage and to immediately notify all relevant details to the enforcing authority appearing to be the appropriate one.

r.14(2)(b) and 14(3)

Failing to comply with a notice served under Regulation 14(2)(b) of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, namely, as an operator of an activity that has caused an imminent threat of environmental damage, failing to provide with the time specified such additional information as is requested in the notice in relation to any damage that has occurred.

r.14(2)(c) and (d) and 14(3)

Failing to comply with a notice served under Regulation 14(2)(c) and (d) of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, namely, as an operator of an activity that has caused an imminent threat of environmental damage, failing to take the measures specified in the notice, or equivalent measures, within the time specified.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 20(4)

Failing to comply with a Remediation Notice served under Regulation 20 of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions cannot be imposed for this offence.

Regulation 31(8)

r.31(8): Failing to comply with instructions given under Regulation 31 of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

r.31(8): Knowingly providing false or misleading information

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 31(8)

As an operator, failing to provide such information as the enforcing authority may reasonable require to enable the enforcing authority to carry out its functions under the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.

Regulation 32

Failure to provide relevant information.

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions are not available for this offence.