Environment Act 1995
What this means for your business
- Enforced by
- Environment Agency, DEFRA
- Applies to
- United Kingdom
- On this page
- 14 compliance obligations, 3 practical guides
What you must do
14 compliance obligations under this legislation — 3 can result in imprisonment.
Management duties 2
Cooperate with local authority on air quality matters
If your business has been named an air‑quality partner by the council, you must help the council carry out its air‑quality duties when it asks you to. You may refuse only if the request is unreasonable, but otherwise you must provide the assistance requested.
Provide and implement air‑quality improvement proposals
If your organisation is named as an air‑quality partner by a local authority that is preparing an air‑quality action plan, you must submit proposals for measures you will take to improve air quality, set dates for those measures and carry them out as far as reasonably possible. You also have to follow any further directions from the Secretary of State.
Notifications 1
Give 6‑month notice of mine abandonment to the Agency
Unlimited fineIf you run a mine and plan to stop working (abandon it), you must tell the Environment Agency at least six months before the abandonment takes effect. The notice must contain the information the regulations require and you must also publish the notice in a local newspaper. Failing to give the notice (unless it’s an emergency) is a criminal offence and can attract an unlimited fine.
Other requirements 1
Ensure transfer documents are properly stamped
If your business is part of a transfer scheme under the Environment Act 1995 – for example transferring land, rights or liabilities to the Environment Agency or SEPA – you must make sure the related documents carry the correct stamp. The document must show either a special stamp confirming no stamp duty is payable, or the normal stamp for any duty that would otherwise apply.
Offences and prohibitions 10
Breach of producer responsibility duties
Unlimited fineIf your business does not comply with the producer‑responsibility obligations in the Environment Act 1995 – for example, failing to register as a producer, not meeting waste‑recovery targets or not providing the required information – you commit a criminal offence. A conviction can lead to an unlimited fine and, in serious cases, imprisonment.
Cause or permit polluting matter to enter water
2 years imprisonmentIf you cause, or knowingly allow, poisonous, noxious, polluting matter, solid waste, trade effluent or sewage effluent to enter any controlled waters (rivers, lochs, ponds, sea within limits) you commit a criminal offence. Conviction can result in up to three months’ jail and a £20,000 fine in a magistrates' court, or up to two years’ jail and an unlimited fine in the Crown Court.
Fail to comply with air quality regulations
Unlimited fineIf you breach any air‑quality regulation made under the Environment Act 1995, you commit a criminal offence. On conviction in the magistrates’ court you face a fine – the standard‑scale level 5, which is unlimited – but no prison term.
Fail to comply with a waste restriction notice
If the Environment Agency issues a restriction notice that bans waste being brought onto or stored at your premises (or a part of them) because of a serious pollution risk, you must not allow anyone to breach that ban. Allowing waste onto the site, or ignoring the notice, is a criminal offence. Breach can lead to prosecution and a fine or imprisonment, with the exact penalty set out on the notice itself.
Fail to comply with SEPA information notice or give false information
Unlimited fineIf SEPA (the Scottish Environment Protection Agency) serves you a notice asking for details about land you occupy, own, lease, rent from, or manage, you must reply within the period set in the notice (at least 14 days). Failing to reply, or providing information you know is false (or are reckless about its truth), is a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine.
Fail to give required abandonment notice
Unlimited fineIf you are the operator of a mine in Scotland and you do not give SEPA at least six months’ written notice before abandoning the mine, you commit a criminal offence. On conviction you face a fine – either in the Magistrates’ Court or, if the case goes to Crown Court, an unlimited fine. No prison term is prescribed.
Make false statement in pollution consent application
2 years imprisonmentIf you knowingly give a false or misleading statement – or act recklessly – in an application for a consent to discharge effluent under the Control of Pollution Act 1974, you commit a criminal offence. On conviction you face an unlimited fine and/or up to two years’ imprisonment. The offence can be tried either in the magistrates’ court or in the Crown Court.
Obstruct an authorised environmental officer
2 years imprisonmentIf you intentionally block, hinder or otherwise prevent an Environment Agency officer (or any other authorised person) from carrying out their duties, you commit a criminal offence. This covers physical obstruction as well as non‑physical interference, such as targeting the officer’s vehicle or equipment. On conviction you can be fined without limit and face up to 12 months in jail if tried in a magistrates’ court, or up to 2 years if the case goes to Crown Court.
Obstruct or refuse to cooperate with environmental officials
Unlimited fineIf you fail to give assistance or information that an environmental official reasonably asks for, deliberately block them, or deliberately provide false or misleading information, you commit a criminal offence. The offence is tried in the Magistrates' Court and can result in an unlimited fine. It applies to any person or business dealing with the Environment Agency or other relevant officials.
Unauthorised removal of a protected hedgerow
Unlimited fineIf you cut down, uproot or otherwise destroy a hedgerow that has been designated as "important" under the regulations, you are committing a criminal offence. Conviction can be on summary (magistrates) or indictment (Crown Court) and will result in a fine – the amount is set by the regulations (on summary conviction it cannot exceed the statutory maximum, on indictment it is unlimited).
Penalties for non-compliance
11 penalties under this legislation. 3 can result in imprisonment. 10 carry an unlimited fine.
Cause or permit polluting matter to enter water
Unlimited fine and/or 2 years imprisonment
Make false statement in pollution consent application
Unlimited fine and/or 2 years imprisonment
Obstruct an authorised environmental officer
Unlimited fine and/or 2 years imprisonment
Give 6‑month notice of mine abandonment to the Agency
Unlimited fine
Breach of producer responsibility duties
Unlimited fine
Fail to comply with air quality regulations
Unlimited fine
Fail to comply with SEPA information notice or give false information
Unlimited fine
Fail to give required abandonment notice
Unlimited fine
Obstruct or refuse to cooperate with environmental officials
Unlimited fine
Unauthorised removal of a protected hedgerow
Unlimited fine
Fail to comply with a waste restriction notice
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Environmental Permit - Medium Combustion Plant
Medium combustion plant (MCP) with thermal input between 1MW and 50MW require an environmental permit from the Environment Agency.
Environmental Permit - Part A(1) Installation
Large combustion plant (50MW thermal input and above) and other major industrial installations require a Part A(1) environmental permit.
Environmental Permits for Manufacturing
Understand when you need an environmental permit and how to apply for one.
Sections and provisions
194 classified provisions from this legislation.
Duties 38
- s.5 General functions with respect to pollution control.
- s.6 General provisions with respect to water. Agency
- Schedule 7 National Park authorities members of that authority
- s.7 General environmental and recreational duties. Agency
- s.9A Duty of the Agency to cooperate with the Natural Resources Body for Wales Agency
- Schedule 12 Schedule 2A to the Environmental Protection Act 1990
- s.14 Regional flood defence committees.
- s.15 Composition of regional flood defence committees. order under Schedule 4
- s.17 Local flood defence schemes and local flood defence committees. Agency
- s.18 Composition of local flood defence committees. local flood defence committee
- s.20A General purpose of SEPA
- s.22 Transfer of property, rights and liabilities to SEPA.
- s.32 General environmental and recreational duties. proposals relating
- s.33 General duties as respects the state of the environment and effects of pollution.
- s.34 General duties with respect to water.
- s.37 Incidental general functions. new Agency
- s.39 General duty of the new Agencies Agency to have regard to costs and benefits in exercising powers. new Agencies Agency
- s.42 Approval of charging schemes. a charging authority
- s.45 Accounts and records.
- s.46A Audit: SEPA accounting year
- ... and 18 more duties
Offences and penalties 13
- Schedule 16 Pollution of rivers and coastal waters in Scotland: amendment of the Control of Pollution Act 1974
- s.27 Power of SEPA to obtain information about land.
- s.59 Abandoned mines: Scotland.
- s.87 Regulations for the purposes of Part IV.
- s.95 Producer responsibility: offences.
- s.97 Hedgerows.
- s.109A Power to issue restriction notices: England and Wales
- s.109D Power of court to make restriction orders: England and Wales
- s.110B Offences of obstructing, not co-operating, etc.
- s.110 Offences.
- s.112 Amendment of certain offences relating to false or misleading statements or false entries.
- Schedule 5 Membership and proceedings of regional and local flood defence committees
- Schedule 19 Offences relating to false or misleading statements or false entries
Powers 56
- s.2 Transfer of functions to the Agency.
- s.4 Principal aim and objectives of the Agency.
- Schedule 8 Supplemental and incidental powers of National Park authorities
- s.9 Codes of practice with respect to environmental and recreational duties.
- s.11 Advisory committee for Wales.
- s.16A Power to alter composition of regional flood defence committees in Wales
- s.16 Change of composition of regional flood defence committee.
- s.18A Power to revoke local flood defence schemes
- s.26 Power of SEPA to purchase land compulsorily.
- s.28 Power of SEPA to promote or oppose private legislation.
- s.31 Guidance on SEPA 's general purpose and on sustainable development and other aims and objectives.
- s.36 Codes of practice with respect to environmental and recreational duties.
- s.40 Ministerial directions to the new Agencies.
- s.41A Charges in respect of the EU greenhouse gas emissions trading scheme
- s.41 Power to make schemes imposing charges.
- s.43 Incidental power of the new Agencies to impose charges.
- s.44 General financial duties.
- s.47 Grants to the new Agencies.
- s.48 Borrowing powers.
- s.49 Government loans to the new Agencies.
- ... and 36 more powers
Definitions 24
- Schedule 2 Transfers of property etc: supplemental provisions the relevant new Agency transfer scheme the appropriate authority
- Schedule 20 Delegation of appellate functions of the Secretary of State appointed person
- s.20 The Scottish Environment Protection Agency.
- s.21 Transfer of functions to SEPA.
- Schedule 21 Application of certain enactments to the Crown Crown or Duchy interest Crown premises
- s.51 Provision of information by the new Agencies. protected taxpayer information
- s.56 Interpretation of Part I. the 1990 Act the 1991 Act appropriate agency
- s.57 Contaminated land. Harm Remediation the appropriate Agency
- s.62 Duty of certain bodies and persons to have regard to the purposes for which National Parks are designated. relevant authority public office
- s.67 National Park authority to be local planning authority.
- s.79 Interpretation of Part III. the 1972 Act public authority
- s.81B Functions of relevant Welsh public authorities etc. relevant Welsh public authority
- s.83 Designation of air quality management areas.
- s.84 Duties of Scottish ... local authorities in relation to designated areas.
- s.86B Role of combined authorities in relation to action plans combined authority
- s.91 Interpretation of Part IV. air quality objectives air quality review air quality standards
- s.109N Interpretation appropriate agency authorised person the Environmental Permitting Regulations
- s.110A Search and seizure of vehicles, etc. mobile plant relevant official vehicle
- s.115 Application of this Act to the Crown. Crown premises
- s.120 Minor and consequential amendments, transitional and transitory provisions, savings and repeals. the Minister
- ... and 4 more definitions
Exemptions 23
- s.1 The Environment Agency.
- s.8 Environmental duties with respect to sites of special interest.
- Schedule 10 Minor and consequential amendments relating to National Parks
- Schedule 15 Minor and consequential amendments relating to fisheries
- s.35 Environmental duties as respects Natural Heritage Areas and sites of special interest.
- s.38 Delegation of functions by Ministers etc. to the new Agencies.
- s.41B Charging schemes in respect of abstraction and impounding licences: joint charging schemes
- s.41C Charging schemes in respect of abstraction and impounding licences: cross-border arrangements
- s.46 Audit.
- s.60 Amendments to sections 89 and 161 of the Water Resources Act 1991.
- s.65D Procedure etc for regulations under section 65C
- s.65C Power to make provision supplemental to section 65A
- s.65 General purposes and powers.
- s.68 Planning authority functions under National Parks legislation etc.
- s.69 Planning authority functions under the Wildlife and Countryside Act 1981.
- s.89 —
- s.109B Cancellation or variation of restriction notices
- s.109L Exemption from liability
- s.110C Handling of seized property
- s.118 Application of certain other enactments to the Isles of Scilly.
- ... and 3 more exemptions