Transcript Marine Policy Statement - Department of the Environment

What are Civil Sanctions?
• Fixed Monetary Penalties (FMP)
• Variable Monetary Penalties (VMP)
Why are they necessary?
• To give NIEA range of enforcement
tools, other than prosecution.
Why is enforcement necessary ?
• To protect the environment, human health
and legitimate users of the sea.
• To ensure fair competition.
• To compensate those adversely effected
by non-compliance.
• To punish illegal behaviour.
Offences
• Section 85 (MCA) – carry on a licensable
activity without a license
• Section 89 (MCA) – to provide misleading
information
• Section 92 (MCA) – failure to comply with
a compliance notice or a remediation
notice.
Introduction of monetary penalties
Enforcement should be proportionate
• FMP’s – for low level technical offences
(£100 for individuals or £300 for
businesses);
• VMP’s for more serious breaches of licence
conditions and to remove financial
benefits derived from non-compliance.
Fixed Monetary Penalties
Process
NIEA investigates and serves notice of
intent.
Liability discharged within 28 days-50%
reduction in penalty OR representations
made.
NIEA reviews case can withdraw penalty
or issue final notice.
Liability discharged or appeal to WAC.
Variable Monetary Penalties
• No prescribed maximum amount.
• VMP = estimated financial benefit derived
from offence + deterrent element – costs
incurred by operator.
• Process.
Guidance and use of FMP’s and
VMP’s
• NIEA will publish and consult on guidance.
• Payment for civil sanctions can be
recovered as a civil debit or court order.
• EA cannot use funds from civil sanctions
as income.
• Appeals against civil sanctions to WAC.
Civil Sanctions Conclusion
Proposals for a proportionate and balanced
enforcement system with adequate checks
and balances.
Appeals
Synopsis of appeals proposals
• Water Appeals Commission appellate
body;
• No third party appeals;
• Appeals must be made within 28 days;
• Appellant can be withdraw appeal at any
time before it is heard;
• WAC has the option to charge a fee.
Grounds for Appeal
• 4 available in respect of FMPs.
• 5 available in respect of VMPs
• None specified for licensing decisions and
appeals against statutory notices.
Powers of Appeals Commission
• Can confirm, vary or reissue marine
licence;
• Can quash, vary or uphold enforcement
notice
• Can remit decision to the licensing or
enforcement authority;
• Civil sanctions – can quash, uphold or vary
notice or any requirement contained in it.
Conclusion
• Transparent appeals system – NIEA is
accountable for its decisions.
• WAC is an independent and effective
appellate body with a proven track record.