‘Polluters must pay’ says Environment Secretary

Polluters to face unlimited penalties in England and Wales

New laws will scrap the cap on civil penalties and significantly broaden their scope to target a much wider range of environmental offences

Those that pollute the environment will face unlimited penalties under new legislation announced today by the UK government (Wednesday 12 July).

The current limit of £250,000 on variable monetary penalties that the Environment Agency and Natural England can impose directly on operators will be lifted, following a government consultation which received widespread public support.

This will offer regulators a quicker method of enforcement than lengthy and costly criminal prosecutions – although the most serious cases will continue to be taken through criminal proceedings.

New powers will also enable these higher penalties to be levied as a civil sanction for offences under the Environmental Permitting (England and Wales) Regulations 2016, the regime under which the majority of Environment Agency investigations take place.

This will ensure regulators have the right tools to drive compliance across a range of sectors, strengthening enforcement and holding all who hold environmental permits – from energy and water companies to waste operators and incinerators – to greater account.

Environment Secretary Thérèse Coffey said: “Polluters must always pay. We are scrapping the cap on civil penalties and significantly broadening their scope to target a much wider range of offences – from breaches of storm overflow permits to the reckless disposal of hazardous waste.

“It builds on action being taken right across government to stand up for our environment – tackling pollution, protecting delicate ecosystems and enhancing nature.”

Minister for Environmental Quality and Resilience Rebecca Pow said: “By lifting the cap on these sanctions, we are simultaneously toughening our enforcement tools and expanding where regulators can use them.

“This will deliver a proportionate punishment for operators that breach their permits and harm our rivers, seas and precious habitats.

“This was one of the measures set out in our Plan for Water earlier this year. I am proud to say this government has acted swiftly so that this will now be enshrined in law, further strengthening the power of regulators to hold polluters to account.”

Environment Agency Chair Alan Lovell said: “We regularly prosecute companies and individuals through criminal proceedings, but these new powers will allow us to deliver penalties that are quicker and easier to enforce, even though the most serious cases will continue to go to court.

“That should be an important deterrent – boosting compliance across a range of sectors, driving down pollution and safeguarding the ecology and prosperity of our natural world.”

There are clear provisions in the Sentencing Council guidelines that will ensure the level of penalties levied are proportionate to the degree of environmental harm and culpability. These include safeguards to ensure the operator’s ability to pay, the size of the operator, and the degree of responsibility and harm, amongst others – all of which are taken into account when imposing a penalty.

The amendments to legislation will be approved by both Houses of Parliament in due course before coming into force.

As set out in the UK government’s Plan for Water, future environmental fines and penalties from water companies will be re-invested into the government’s new Water Restoration Fund.

This fund will deliver on-the-ground improvements to water quality, and support local groups and community-led schemes which help to protect our waterways. River catchment groups – bringing together local NGOs, councils, government agencies and farmers and working together in catchments across the country – will benefit from this funding.

More action needed to protect the world’s ocean, says Environment Secretary on World Wildlife Day

The Environment Secretary calls for countries to join together to halt and reverse the loss of nature and protect at least 30% of the world’s ocean by 2030

Countries around the globe must join together, raise ambition and act faster to protect and restore nature on both land and sea, Environment Secretary Thérèse Coffey has said on World Wildlife Day (3 March).

Following the historic agreement reached at the UN Biodiversity summit last year, the Environment Secretary is attending the Our Ocean conference where she will work with other countries to make this the decade we halt and reverse the loss of nature and protect at least 30% of the global ocean by 2030. She will also acknowledge the effectiveness of established tools such as CITES convention that celebrates 50 years of protecting endangered species today.

Building on commitments outlined in the Government’s Environmental Improvement Plan launched last month and progress to protect nature on land, the UK is this week announcing vital funding to boost marine conservation efforts worldwide, fight climate change, and support vulnerable coastal communities.

The UK has renewed support through its ambitious £500 million Blue Planet Fund to protect and restore important marine habitats such as mangroves, coral reefs and seagrasses that play a key role in the fight against climate change. This includes an additional £24 million to the Global Fund for Coral Reefs, and the UK becoming the first donor to the Blue Carbon Action Partnership, committing £4 million to support countries unlock and mobilise finance to protect and restore blue carbon ecosystems.

The Environment Secretary has also announced £45 million to the new ‘Blue Tech Superhighway’ project. From community-led fisheries management enabling local communities to set and monitor their own catches; new seawater farming systems working with species more resilient to warmer waters; through to pioneering approaches to reduce food waste, this investment will support small-scale fishers and aquaculture farmers improve their climate resilience, sustainability and incomes. The project will also encourage collaboration between countries across Asia and Africa to scale action.

This comes as the UK announced it will provide £1.5 million to the Asian Development Bank’s new Blue Pacific Finance Hub to support climate resilient, sustainable blue economies for Pacific Small Island Developing States including developing circular economies to reduce plastic waste and improved fisheries management.

The Environment Secretary, Thérèse Coffey said: “It is almost impossible to overstate the importance of stepping up our efforts to bolster the resilience of the marine environment and, in turn, the economies and communities that depend on it.

“At the UN nature summit in Montreal, we made a commitment to manage our whole ocean sustainably and set a target to protect at least 30% of the world’s ocean by 2030. The UK is leading, co-leading, and supporting global coalitions of ambition to drive forward this mission, and I urge countries to come together to deliver coordinated, impactful action on the ground.”

She also urged more countries to join forces to tackle the scourge of Illegal, Unreported and Unregulated (IUU) fishing, one of the most serious threats to the world’s ocean which equates to approximately 11-19% of reported global fisheries production and leads to losses of roughly $10-23.5 billion in value. IUU fishing undermines efforts to conserve fish stocks, damages marine ecosystems, impacts global food supply chains and threatens coastal communities whose livelihoods rely on sustainable fishing.

The UK, US and Canada launched the world’s first global alliance to tackle IUU fishing last year, with members sharing data and tools to monitor and crack down on this pervasive issue. This builds on progress under the UK-led Blue Belt Ocean Shield programme which uses innovative surveillance techniques to tackle illegal practices in over 4.3 million square kilometres of waters around the UK Overseas Territories.

Since its launch, the Alliance has grown to 16 members, with Norway, Iceland and Korea recently coming onboard. More members will sign up at the Our Ocean conference today, including the EU, Panama and New Zealand.

Thérèse Coffey said: “For too many communities, the threat of IUU fishing looms year after year, as they bear the brunt of the instability and violence that accompanies this serious, organised, transboundary crime.

“For marine species, the impact can be devastating and this has a catastrophic effect on the lives of the hundreds of millions of people who depend on fisheries for their livelihoods.

“So, we need to accelerate our efforts and scale up. That is a priority for us in the UK –  something we are addressing by improving import controls, sharing more data on vessels, identifying those who profit from IUU fishing, and holding them to account.”