Offence response options: Environment Agency

Updated the 'Waste offences' offence response options document. This update relates to the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 which went live on the 1 January 2026. Added the offence 'Regulation 115(1)(f), Regulation 121 and table of civil sanctions Schedule 13'. For the following offences we can now impose a ‘compliance notice’ as one of the civil sanctions: 'Regulation 115(4), Regulation 121 and table of civil sanctions Schedule 13', 'Regulation 31(d), Regulation 121 and table of civil sanctions Schedule 13', 'Regulation 31(e), Regulation 121 and table of civil sanctions Schedule 13', 'Regulation 31(b) and paragraph 4(5) Schedule 9, Regulation 121 and table of civil sanctions Schedule 13', 'Regulation 31(c) and paragraph 4(5) Schedule 9, Regulation 121 and table of civil sanctions Schedule 13', 'Regulation 31(d) and paragraph 4(5), Schedule 9, Regulation 121 and table of civil sanctions Schedule 13', 'Regulation 31(e) and paragraph 4(5), Schedule 9, Regulation 121 and table of civil sanctions Schedule 13'.

'Waste offences' document. Section 5. The Packaging Waste (Data Reporting) (England) Regulations 2023 – changed Regulation 28(6) as it is now split into 'Regulation 28(6)(a)' and 'Regulation 28(6)(b)'. Section 7.2 Shipment of waste within the community – corrected an error under 'Regulation 20(2)(c)' changed Article 20 to 19.

For 'Extant water quality provisions offences' - updated all of section '3. Nitrate Pollution Prevention Regulations 2015'. Updated section '4. Water Industry Act 1991' to clarify the regulations and add 'compliance notice' as a civil sanction we can impose for Section 120(9) and Section 130(7) offences. For 'Land quality offences' - updated section '3. The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018'. For 'Waste offences' - added Section 59ZB(6), Section 158. Added fixed penalty notice as an option for Section 5(7)(a). Added Regulation 19 and 89(2)(a)(i). For 'Environmental damage offences' - added Regulation 34(2).

Updated the 'Environmental Permitting Regulations (EPR) offences' document to say we will use variable monetary penalties for some EPR offences committed on or after 11 December 2023.

Removed text under regulation 10 in the chemicals sector offences document which related to guidance for internal use only.

'Fisheries offences' - section 1. Salmon and Freshwater Fisheries Act 1975, clarified in Section 4(1): cause or knowingly permit any liquid or solid matter that is poisonous or injurious to fish, spawn, spawning areas or food of fish to enter waters containing fish. 'Flood risk management offences' - section 5. Flood Water Management Act 2010, Section 30 and Schedule 1 13(5) - removed 'The civil sanction we can impose is: variable monetary penalty'.

Added the offence response options for the Packaging Waste (Data Reporting) (England) Regulations 2023 to the Waste offences document.

We have updated the documents for chemicals sector offences, climate change offences and waste offences. The specific changes are listed in each document.

Amended an error in the 'Waste' offence response options document. Under 'Failure to comply with a Section 34(5) notice to furnish transfer notes' we omitted the response 'fixed penalty notice'. We have now added this.

First published.