The Environment Agency has opened a public consultation on its use of civil sanctions in enforcing the 2021 Environment Act, including extended producer responsibility (EPR) for packaging.

Under the Environment Act 2021, the EA was given new forms of civil sanctions to tackle regulatory challenges across a range of areas, such as packaging extended producer responsibility (pEPR), the deposit return schemes, digital waste tracking, hazardous waste management and international waste shipments.

EPR for packaging has already undergone four public consultations, held in 2019, 2021, 2022, and 2023. The most recent consultation involved reviewing draft regulations that incorporated civil sanctions, signaling the government's intent to enforce measures.

While the consultation focuses on proposed amendments to the EA’s Enforcement and Sanctions Policy (ESP), they anticipate making further revisions once key regulations like the deposit return scheme and digital waste tracking have been fully developed.

The introduction of civil sanctions aims to provide the EA with the power to address non-compliance. A Defra spokesperson said:

Through the Environment Act 2021, we introduced a range of new civil sanctions that will give the Environment Agency a greater range of options to help ensure maximum compliance with incoming environmental regulations, including extended producer responsibility for packaging. The new civil sanctions will enable the EA to secure compliance efficiently and take swift enforcement action where necessary.”

Actions the EA can take include:

• Use of notices to stop illegal activity and restore and remediate any damage to the environment
• Provision of advice and guidance
• Use of warning letters
• Provision of simple cautions
• Civil penalties
• Civil sanctions
• Criminal prosecutions