Issue - meetings

Environmental Enforcement Policy

Meeting: 22/11/2018 - Cabinet (Item 39)

39 Environmental Enforcement Policy pdf icon PDF 188 KB

To receive the report of the Cabinet Member for Waste, Recycling, Street Scene and Fleet Services

Additional documents:

Decision:

            RESOLVED

 

(i)         That the contents of the report be noted and the Environmental Offences Enforcement Policy (‘the Enforcement Policy’) be approved.

 

(ii)        That authority be granted for the adoption by the Council of all relevant enforcement powers contained in the Enforcement Policy.

 

REASONS

 

The Council requires an enforcement policy to ensure that Authorised officers can investigate environmental crimes and undertake the appropriate enforcement action where subsequent evidence proves that an environmental offence has taken place.

 

In addition the policy outlines:

 

·         Standards: the principles that will be used

·         Openness: clear and open provision of information

·         Helpfulness: helping by advising on and assisting with compliance

·         Complaints about the service: having a clear complaints procedure

·         Proportionality: ensuring that enforcement action is proportionate to the risks involved in the process

·         Consistency: ensuring consistent enforcement practice

Minutes:

The Cabinet Member for Waste, Recycling and Cleansing reported that the Council had a wide range of powers to employ officers authorised to investigate environmental crime and undertake the appropriate enforcement action in relation to breaches of legislation and environmental criminal offences.  The sanctions available varied between administering simple cautions and warnings, Fixed Penalty Notices or prosecution in the criminal courts.  

 

The proposed Environmental Enforcement Policy had been drafted to incorporate the Legislative and Regulatory Reform Act 2006, which was a Statutory Code of Practice that set out the way in which compliance and enforcement actions must be undertaken, including the publication of an enforcement policy.  

 

The proposed policy also covered investigatory powers related to the Environmental Protection Act 1990 and Cleaner Neighbourhoods Act 2006 and took into account the Principles of Good Enforcement as outlined in the Enforcement Concordat: Good Practice Guide for England and Wales, produced by the Department of Trade and Industry (DTI) 2003.

 

The Waste, Recycling and Cleansing Policy Development Advisory Group supported the introduction of the Enforcement Policy.

 

            RESOLVED

 

(i)         That the contents of the report be noted and the Environmental Offences Enforcement Policy (‘the Enforcement Policy’) be approved.

 

(ii)        That authority be granted for the adoption by the Council of all relevant enforcement powers contained in the Enforcement Policy.

 

REASONS

 

The Council requires an enforcement policy to ensure that Authorised officers can investigate environmental crimes and undertake the appropriate enforcement action where subsequent evidence proves that an environmental offence has taken place.

 

In addition the policy outlines:

 

·         Standards: the principles that will be used

·         Openness: clear and open provision of information

·         Helpfulness: helping by advising on and assisting with compliance

·         Complaints about the service: having a clear complaints procedure

·         Proportionality: ensuring that enforcement action is proportionate to the risks involved in the process

·         Consistency: ensuring consistent enforcement practice