New sanctions to protect wildlife

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.”