Environmental damage offences
Updated 21 February 2024
Applies to England
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/offence-response-options-environment-agency/environmental-damage-offences
On 19 July 2015, the Environmental Damage (Prevention and Remediation) Regulations 2009 were replaced with the Environmental Damage (Prevention and Remediation) (England) Regulations 2015.
1. Environmental Damage (Prevention and Remediation) (England) Regulations 2015
Regulation 13(3):
Failure to notify an enforcing authority and take all practicable steps to prevent an imminent threat of environmental damage.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(3):
Failure to comply with the requirements of a notice under Regulation 13(2).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 14(3):
Failure to notify an enforcing authority and take all practicable steps to prevent further environmental damage.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 14(3):
Failure to comply with the requirements of a notice under Regulation 14(2).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 20(3):
Failure to comply with the requirements of a notice under Regulation 20(2).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 31(8):
Failure to comply with instructions given under these regulations or knowingly to provide false or misleading information.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 32(2):
Failure to provide relevant information in accordance with Regulation 32(1).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 34(2)
Criminal liability of directors, managers, secretaries or any person purporting to act in any such capacity, in relation to offences that their company (or corporate body) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution