A highly anticipated review of Department for Environment, Food and Rural Affairs (Defra) regulations and regulators has been published and has prompted the government to pledge to shake-up the 'status quo'. This is sixth review into environmental regulation since 2010. In this article we highlight the recommendations announced to streamline and modernise regulations.
The report finds the current system for environmental regulation is outdated, inconsistent and highly complex – not delivering enough for either nature nor growth - and concludes that fundamental reform is needed to protect environment and boost sustainable growth.
The review makes 29 recommendations, making regulators fit for the future and ensuring they deliver positive outcomes for nature and growth.
Defra has already begun to implement several of these reforms, as announced in the Chancellor’s Regulation Action Plan on 17 March, including:
The review recommends a separate review of 'the entire approach to enforcement and sanctions for environmental regulation' in order to bring 'as much consistency as possible in the approaches taken for different offences'. It states ‘this review should consider where changes to legislation might be needed and aim to create tougher penalties for deliberate non-compliance and persistent offenders, for example in the waste sector, with regulators able to issue speedy fines for minor offences without going through the court system’.
Finally, the review recommends that the government should give ‘consideration’ to how the Office for Environmental Protection can ‘support regulators to take more risk’ risks ‘mangling’ the watchdog’s remit.
For further information and advice, please contact our business risk and regulation team.
To read the full review, click here.