Our Environmental Lawyers offer defence advice regarding a wide range of Environmental cases and disputes.
Environment Agency Prosecution
Any individual or company may face a prosecution by the environment agency for a large number of offences. It should be noted that these are prosecuted in the criminal Court and are regarded as criminal offences if a person or business is convicted. At professional defence lawyers we have over 20 years experience of defending people and businesses facing a wide range of prosecutions for offences of this nature.
Where businesses are involved, the prosecution by the Environment Agency will usually relate to pollution or harm done to land or rivers caused by alleged breaches of the regulations regarding the disposal of waste products, fuel or other noxious substances.
Under prosecutions will normally be under either the Environmental protection Act 1990 the Water Resources Act 1991.
Environmental Defence: Which Court?
Depending upon the level of the breach of Environment Agency rules, the case will be dealt with at either the magistrate’s court or crown court. You can rest assured that at Professional Defence lawyers we have access to some of the countries most experienced barristers who are extremely capable to best protect your interests in cases of this nature anywhere in England or Wales. We will ensure that every effort is made to protect the interests of the individual or company facing any charges brought by the environment agency.
What are the PENALTIES for environment agency prosecutions?
This will very much depend upon the level of the seriousness of any environment agency offence. The penalty will nearly always include a financial penalty. One should note that these fines can and regularly do go as high as £50,000. For this reason it is vital that you have a specific, dedicated and experienced defence legal team to fully protect your interest in environment agency prosecutions.
Environmental Defence: The Law
The Environmental Protection Act 1990
This law was brought into being to enable local authorities to control air/land/River pollution. This provides authorities with a very wide range of powers to investigate and then impose enforcement proceedings in place to ensure that there is no further repeat of any existing or future pollution.
Following an investigation the authority has the power to issue enforcement and prohibition notices. Depending upon the level of breach the matter will be prosecuted and forwarded to either the Magistrate's Court or crown court.
The most regular prosecution is related to the issue of waste management and any potential breach of waste management licenses. If there is a significant or repeated breach there can be the revocation or suspension of waste management licenses.
The environment agency will also deal regularly with the collection, disposal or treatment of controlled waste. They enforce the duties of waste collection organisations with regard to collection, recycling and the disposal of waste. This also gives specific and strong powers with regard to the collection or disposal of contaminated waste.
On a personal note relating to individuals, an environment agency prosecution may relate to nuisances to households or public rights of way etc. There are specific powers of entry, investigation and enforcement of any nuisance that is at knowledge as being a statutory nuisance.
Our Environmental Lawyers
The law in this field is extensive and complicated, and we suggest that you contact our Environmental Lawyers immediately if you are given any notice with regard to investigation or enforcement of any actual or potential environment agency matter.
Contact our Environmental Lawyers today
We are expert Environmental Lawyers acting for the defence in proceedings for environmental defence. We have been practicing in this field for over 20 years now, so please don’t hesitate to contact us free on 0800 634 7022 today.