Policy paper: Environment Agency enforcement and sanctions policy

Updated: We updated Enforcement and Sanctions: Offence Response Options (ORO)

How the Environment Agency conducts enforcement activity for environmental offences and breaches.

Includes how we:

  • make enforcement and sanctioning decisions including the decision to prosecute
  • apply Regulatory Enforcement and Sanctions Act 2008 civil sanctions and when we may accept enforcement undertakings
  • apply climate change civil penalties
  • enforce the Control of Mercury (Enforcement) Regulations 2017

The Offence Response Options (ORO) document sets out the options available to every offence we regulate. An updated version of this document will be published shortly.




Consultation outcome: Environmental permitting: amending flood risk exclusions and exemptions

Updated: Summary of responses added.

We want to know what you think about our plans to amend the exemptions and exclusions for flood risk activities in the environmental permitting regulations.

Environmental permitting makes sure that any work completed does not increase flood risk, damage flood defences, or harm the environment, fisheries, or wildlife.

The majority of these adjustments will allow more flexibility for individuals and businesses.




News story: Smart energy systems: new funding and events

UK Research and Innovation – through Innovate UK and the Engineering and Physical Sciences Research Council (EPSRC) – has announced a new fund for research and industry to develop future smart energy systems and prove their use at scale.

The energy revolution challenge will bring together academia with industry to develop and demonstrate new approaches to provide cleaner, cheaper energy. This includes linking low-carbon power, heating and transport systems with energy storage and advanced IT to create intelligent, local energy systems and services.

It is part of the Industrial Strategy Challenge Fund.

The first opportunities and where to find out more

The first funding opportunities through this challenge will make up to £41.5 million available for:

  • ground-breaking, localised energy system demonstrators. We will be looking to fund projects across the UK
  • projects that develop novel concepts that could revolutionise local energy provision

Full details of the competitions will be announced shortly. Businesses that want to find out more in the meantime can go to one of the briefing events:

Details of further activity with the fund will also be announced shortly.

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More about the challenge

The Industrial Strategy Challenge Fund will make sure that research and innovation is at the heart of government’s Industrial Strategy. This sets out 4 grand challenges in industries in which the UK is determined to pioneer progress.

The energy revolution falls under the clean growth challenge, which will support the UK to be a world leader in low-carbon technologies, systems and services.

Find out more about the energy revolution challenge.




Notice: Jason Kenway: application made to abstract water

The Environment Agency consult the public on certain applications for the abstraction and impoundment of water.

These notices explain:

  • what the application is about
  • which Environment Agency offices you can visit to see the application documents on the public register
  • when you need to comment by



News story: Statement on Ofwat and rebuilding public trust in the water sector

Ofwat, the economic regulator of the water sector in England and Wales, has set out its agenda for rebuilding public trust in the water sector.

On 31 January, Michael Gove, Secretary of State for Defra, wrote to Jonson Cox, Chairman of Ofwat, asking him to investigate what changes could be made to improve water companies’ corporate behaviours.

The Environment Agency regulates the environmental performance of water companies. In February, the Environment Agency released the State of the Environment report for water quality.

Emma Howard Boyd, Chair of the Environment Agency, said:

“We welcome the Secretary of State and Ofwat’s call for water companies to act as diligently for their customers and the natural world as their owners. Jonson Cox says they should consider sharing water resources better. Today, the Environment Agency is meeting senior water company representatives to agree how to increase collaboration and coordination across the sector.

“Since 2005, the water industry has invested billions in the environment and brought compliance for discharge at wastewater treatment works to 99 per cent, but this is not a moment for congratulations. Water companies are responsible for at least one serious pollution incident every week. The courts need to make fines for pollution incidents proportionate to the turnover of companies. Sentencing guidelines in 2014 did bring in higher fines for environmental offences, but financial penalties must force board members to seriously consider environment risk, and not see it as an operational expense.

“In line with the ambition of the 25 Year Environment Plan, water companies also need to do more to act on climate change. England’s flood and drought risks are increasing so we need to see more action to provide water security. Water companies shouldn’t think of climate resilience as just expenditure. On Friday, Mark Carney spoke of the major opportunity for investors and creditors it brings in long-term infrastructure.”