Environmental guidance for your business in Northern Ireland & Scotland

SEPA Consultaton on the revised guidance on the use of enforcement action

Every day SEPA works to protect and enhance Scotland's environment, using a range of regulatory tools to ensure compliance with environmental law.

The 2014 The Regulatory Reform (Scotland) Act enabled the single largest ever expansion to SEPA’s set of enforcement powers, and a staged approach to their implementation has been taken to make sure the powers are used effectively and appropriately.

Since 2016, SEPA has been working to further develop its approach to enforcement. This has included creating a dedicated enforcement function and phasing in the implementation of new powers to agree Enforcement Undertakings and issue Fixed Monetary Penalties. Having successfully completed these steps, SEPA now intend to implement Variable Monetary Penalties (VMPs).

A VMP is a discretionary financial penalty which SEPA can impose. The minimum VMP that will be imposed is £1000.

The consultation on the revised guidance on the use of enforcement action includes a new method of calculating a VMP. You can view and complete the consultation online. Email VMPConsultation@sepa.org.uk to register your interest in online awareness sessions, which SEPA will run in November, or for other enquiries.

Submissions to the consultations must be made by 15 December 2020.

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