ABSTRACT
The Environment Agency may serve ‘enforcement notices’ if an inspector believes that an authorisation condition has been breached or is likely to be breached (s 13 of the EPA 1990). If an inspector believes there is ‘an imminent risk of serious pollution of the environment’ in consequence of carrying on a prescribed process, the Environment Agency may serve a ‘prohibition notice’ (s 14 of the EPA 1990). The Environment Agency may ultimately revoke an authorisation ‘at any time’, in particular where a relevant process has not been carried on, or not for a period of 12 months (s 12 of the EPA 1990). Finally, all authorisations must be reviewed at least once every four years (s 6(6) of the EPA 1990) although the Secretary of State may amend the review period by regulations. It would appear that the Environment Agency intends to follow the lead set by its predecessor, the HMIP, in applying a principle of proportionality in exercising its enforcement powers, that is, the action taken will be proportionate to the environmental risks and the seriousness of breaches of the law.13
