Environment Agency Enforcement Undertakings Raise Thousands for Charities
What are enforcement undertakings?
An enforcement undertaking is a voluntary offer made by an offender to:
If the EA accept such an offer, the agreement becomes legally binding between the EA and the business or person making the offer. The EA will only contemplate accepting an offer where:
Click here to find out how the EA decide whether to accept an enforcement undertaking for less serious offending.
- address the effects of their offending
- address the effects on third parties
- ensure the offending behaviour does not happen again
If the EA accept such an offer, the agreement becomes legally binding between the EA and the business or person making the offer. The EA will only contemplate accepting an offer where:
- It is not in the public interest to prosecute
- The offer addresses the cause and effect of the offending
- The offer protects, restores or enhances the natural capital of England
Click here to find out how the EA decide whether to accept an enforcement undertaking for less serious offending.
Financial contributions to charities
Enforcement undertakings are usually in the form of financial contributions to charities. Last summer, the EA accepted financial contributions to charities in lieu of prosecution from 28 different companies.
The latest list of charitable contributions published by the EA covers the period 1st June 2020 to 30th September 2020.
For example, Barclays Bank PLC did not have an environmental permit for a water discharge activity relating to oil pollution in November 2016. They will contribute:
Barclays Bank PLC will also:
The latest list of charitable contributions published by the EA covers the period 1st June 2020 to 30th September 2020.
For example, Barclays Bank PLC did not have an environmental permit for a water discharge activity relating to oil pollution in November 2016. They will contribute:
- £16,000 to Get Hooked on Fishing
- £77,224 to Groundwork North East
- £6,776 to Royal Society for the Prevention of Cruelty to Animals (RSPCA)
Barclays Bank PLC will also:
- reformulate its refill process
- repair and improve the site
- restore and remediate the site and watercourse
- carry out site investigation works
- Pay the Environment Agency’s costs
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This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
