Robert Starr, Walker Morris LLP

1. REGULATORY UPDATE –
HOT TOPICS AND
CURRENT ISSUES
#ADBARegDay @adbioresources
ROBERT STARR
PARTNER, WALKER MORRIS LLP

2. Regulatory Update – Hot topics and current
issues
21 May 2015
Robert Starr , Associate, Regulatory, Walker Morris

3. ‒ Environmental Permitting (England and Wales)
(Amendment)(England) Regulations 2015
‒ Extends enforcement undertaking regime
‒ England only
Enforcement undertakings

4. ‒ Civil sanction
‒ Offered by business to the regulator
‒ Purely voluntary
‒ Acceptance by EA at their discretion
Enforcement Undertakings

5. ‒ Positive commitment
‒ How to address/prevent conduct
‒ Rectification of consequences
‒ Contain actions to:
- ensure offence does not continue/recur;
- restore position;
- benefit person affected by offence;
- equivalent benefit to environment.
Enforcement Undertakings

6. Pros
‒ Avoids prosecution (Directors/POCA)
‒ Control
‒ Maintains rapport with Regulator
‒ Environmental benefit
‒ Less adversarial
Enforcement Undertakings

7. Cons
‒ Concession to the EA
‒ May not have means/evidence to bring prosecution
‒ Consequences of failing to comply
Enforcement Undertakings

8. ‒ Prosecution of Offences Act 1985 (Criminal Courts
Charge) Regulations 2015
‒ Section 85 of the Legal Aid Sentencing and Punishment
of Offenders Act 2012
‒ New sentencing guidelines
Sentencing

9. Questions

10. REGULATORY UPDATE –
HOT TOPICS AND
CURRENT ISSUES
#ADBARegDay @adbioresources
ROBERT STARR
PARTNER, WALKER MORRIS LLP