April sees a significant and welcome development in the enforcement of environmental law. The Environment Agency (EA) will have new powers to accept voluntary undertakings in relation to breaches of certain regulations under the environmental permitting regime (EP Regime). Enforcement Undertakings (EUs) to restore damage caused by non-compliance may be accepted by the EA as an alternative to criminal sanctions, including prosecution. In essence, the purpose of an EU is to address the impact of the non-compliance, as well as provide a more cost-effective and collaborative way of imposing sanctions for regulatory breaches in order to address behaviour change and increase overall compliance with environmental law.
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