Land quality 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/land-quality-offences
1. Environmental Protection Act 1990 Part IIA
Section 78M(1):
Non-compliance with a remediation Section 78M notice.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
2. Sludge Use in Agriculture Regulations 1989
Regulation 3:
Cause or knowingly permit sludge to be used on agricultural land other than in accordance with the requirements of 3(2), 3(3), 3(4) 3(5) or 3(7). Or supply sludge if the person knows or believes that the requirements of 3(6) will not be fulfilled when the sludge is so used. Or that the precautions set out in Regulation 4 will not be observed after such use.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 4(1):
Cause or knowingly permit the activities listed in column (1) of the table in 4(1), before the period of expiry listed under column (2) of the table, after sludge or septic tank sludge has been used on agricultural land.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- fixed monetary penalty
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 4(2):
Where any untreated sludge has been used on agricultural land without being injected into the soil, the occupier fails to cause the sludge to be worked into the soil as soon as reasonably practicable.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- fixed monetary penalty
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 5:
Occupier not providing sludge producer with information and details of sludge used.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- fixed monetary penalty
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 6(1):
Failure to maintain a register.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 7(1):
Fail to make a register, information or facilities available to the Environment Agency.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 7(2):
Sludge producer fails to provide details of analysis to persons supplied with sludge.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- fixed monetary penalty
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 8(3)(a):
Sell or offer for sale any crop grown when concentration is exceeded other than in accordance with advice in Regulation 8(4).
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 8(3)(b):
Grow commercial food crops other than crops intended for animal consumption when the concentration is exceeded.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 8(4):
Use of sludge when the soil concentration is exceeded, or on addition of sludge would be exceeded other than in accordance with specified advice.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- restoration notice
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking
3. The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018
Regulation 11(1) and 3:
Failure to ensure that organic manure or manufactured fertiliser is not applied to agricultural land in accordance with Regulation 3.
The standard criminal and offence specific responses are:
-
warning
-
formal caution
-
prosecution
The civil sanctions we can impose are:
-
compliance notice
-
restoration notice
-
fixed monetary penalty
-
variable monetary penalty
-
stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 11(1) and 4(1):
Failure to ensure that organic manure or manufactured fertiliser is applied to agricultural land in accordance with Regulation 4(1).
The standard criminal and offence specific responses are:
-
warning
-
formal caution
-
prosecution
The civil sanctions we can impose are:
-
compliance notice
-
restoration notice
-
fixed monetary penalty
-
variable monetary penalty
-
stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 11(1) and 4(3):
Failure to ensure that reasonable precautions are taken to prevent agricultural diffuse pollution resulting from applications.
The standard criminal and offence specific responses are:
-
warning
-
formal caution
-
prosecution
The civil sanctions we can impose are:
-
compliance notice
-
restoration notice
-
fixed monetary penalty
-
variable monetary penalty
-
stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 11(1) and 5:
Failure to ensure that the results of soil sampling and analysis are taken into account when planning an application of organic manure or manufactured fertiliser to cultivated agricultural land.
The standard criminal and offence specific responses are:
-
warning
-
formal caution
-
prosecution
The civil sanctions we can impose are:
-
compliance notice
-
restoration notice
-
fixed monetary penalty
-
variable monetary penalty
-
stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 11(1) and 6:
Applying manufactured fertiliser to agricultural land within two metres of inland freshwaters or coastal waters, or of a spring, well or borehole.
The standard criminal and offence specific responses are:
-
warning
-
formal caution
-
prosecution
The civil sanctions we can impose are:
-
compliance notice
-
restoration notice
-
fixed monetary penalty
-
variable monetary penalty
-
stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 11(1) and 7:
Applying organic manure to agricultural land within 10 metres of inland freshwaters or coastal waters.
The standard criminal and offence specific responses are:
-
warning
-
formal caution
-
prosecution
The civil sanctions we can impose are:
-
compliance notice
-
restoration notice
-
fixed monetary penalty
-
variable monetary penalty
-
stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 11(1) and 8:
Applying organic manure to agricultural land within 50 metres of a spring, well or borehole.
The standard criminal and offence specific responses are:
-
warning
-
formal caution
-
prosecution
The civil sanctions we can impose are:
-
compliance notice
-
restoration notice
-
fixed monetary penalty
-
variable monetary penalty
-
stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 11(1) and 9:
Failure to ensure that organic manure is stored on agricultural land in accordance with Regulation 9.
The standard criminal and offence specific responses are:
-
warning
-
formal caution
-
prosecution
The civil sanctions we can impose are:
-
compliance notice
-
restoration notice
-
fixed monetary penalty
-
variable monetary penalty
-
stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 11(1) and 10:
Failure to manage livestock and soil in accordance with Regulation 10.
The standard criminal and offence specific responses are:
-
warning
-
formal caution
-
prosecution
The civil sanctions we can impose are:
-
compliance notice
-
restoration notice
-
fixed monetary penalty
-
variable monetary penalty
-
stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 11(1) and 10(5):
Failure to ensure that reasonable precautions are taken to prevent agricultural diffuse pollution resulting from land management and cultivation practices on agricultural land.
The standard criminal and offence specific responses are:
-
warning
-
formal caution
-
prosecution
The civil sanctions we can impose are:
-
compliance notice
-
restoration notice
-
fixed monetary penalty
-
variable monetary penalty
-
stop notice
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 11(3):
Criminal liability of directors, managers and secretaries in relation to offences that their company (body corporate) 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
The civil sanctions we can impose are:
- compliance notice
- restoration notice
- fixed monetary penalty
- variable monetary penalty
- stop notice
The civil sanction which can be offered is:
- enforcement undertaking