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SEPA Enforcement Policy
SEPA issued a consultation on proposed revisions to its enforcement policy. The draft policy aimed to improve enforcement outcomes by adopting a strong and consistent line in dealing with unlicensed sites; the targeting of directors and officers of offending companies; and using civil courts to interdict activities, where normal administrative notices or powers fail to protect the environment or human health. Four new enforcement principles were proposed which stated the circumstances when enforcement action should be used, proposals for a stronger position on the non-return of data, and an endeavour to have an enforcement position available at the introduction of a new regulatory regime.
SESA noted that its Members aimed to exceed the minimum requirements of the law and are subject to a binding Code of Conduct as Members of ESA, and also report on environmental indicators developed by the Green Alliance. SESA welcomed a revision to the enforcement policy to incorporate environmental justice into SEPA’s overall enforcement approach. It was noted although SEPA had sufficient enforcement tools, it did not sufficiently focus resources on dealing with individuals and organisations deliberately committing environmental crimes for financial gain.
SESA suggested there should be greater transparency in reporting of SEPA activities against its enforcement position, perhaps on an annual basis, and that the Scottish Executive should carry out a regular audit of SEPA’s operations against these principles.
SESA response
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