header-logo header-logo

12 January 2012
Issue: 7496 / Categories: Legal News
printer mail-detail

New sanctions to protect wildlife

Natural England is now able to impose civil sanctions

Natural England (NE), the public body in charge of protecting wildlife and the environment, has been given a new set of teeth.

As of 3 January, it can impose a range of civil sanctions on those who pollute, endanger or otherwise damage England’s countryside. It can order miscreants to stop illegal activities, impose fixed and variable monetary penalties, order the restoration of environmental damage, and accept “enforcement undertakings” which give offenders an opportunity to voluntarily correct their behaviour and make amends for any adverse impact on the countryside, for example, by making restitution to the local community.

Previously, its sanctions were limited to warning letters, cautions and prosecutions.
Richard Kimblin, a barrister at No5 Chambers and vice-chairman of the UK Environmental Law Association, says: “This provides a sensible, cost-effective and proportionate way of dealing with the lower end of seriousness in offending.”

Enforcement undertakings were the sanction “likely to see most activity”, he says.

“They allow an agreement to be reached between the defendant and NE on how something can be put right, for example, if someone has damaged a site of special scientific interest by driving over it, then, as long as the circumstances make it appropriate, an enforcement undertaking can be entered into so that the defendant can contribute to its repair.

“The upside for the defendant is they avoid having a criminal record and don’t have to deal with the court process, and the upside for NE is that this helps the environment.”
 

Issue: 7496 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll