Secretary of State's power to remedy harm: EPA 1990 s.121
SoS may remediate harm from offences under s.118(1)(a)-(f) and recover costs from convicted person, but needs occupier's permission if affecting another's land.
Where the commission of an offence under section 118(1)(a), (b), (c), (d), (e) or (f) above causes any harm which it is possible to remedy, the Secretary of State may, subject to subsection (2) below— arrange for any reasonable steps to be taken towards remedying the harm; and recover the cost of taking those steps from any person convicted of that offence. The Secretary of State shall not exercise his powers under this section, where any of the steps are to be taken on or will affect land in the occupation of any person other than a person convicted of the offence in question, except with the permission of that person.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section lets the Secretary of State arrange to fix harm caused by certain environmental offences (listed in section 118(1)(a) to (f)) and then recover the cost from the person convicted of that offence. The harm must be something that can actually be remedied. However, if the work would be done on land occupied by someone other than the convicted person, or would affect that land, the Secretary of State cannot act without the occupier's permission.
When it applies
- A factory illegally discharges chemicals into a river, making it possible to clean up. The Secretary of State pays for the cleanup and bills the convicted company.
- An individual dumps waste on land they do not own, causing soil contamination. The Secretary of State must get permission from the land's occupier before sending a cleanup crew onto that land.
- A farmer uses a banned pesticide that contaminates groundwater on nearby farmland. After conviction, the Secretary of State arranges remediation and recovers the cost from the farmer.
- A developer tears down a building containing asbestos without proper controls, releasing fibres. The harm is remediable by professional removal, and the Secretary of State arranges it, then seeks reimbursement from the convicted developer.
What this section does not say
- This section does not apply if the harm was not caused by an offence under section 118(1)(a) to (f) – for example, a breach of a prohibition notice is dealt with elsewhere.
- It does not allow the Secretary of State to recover costs from a person who has not been convicted of the offence, even if they caused the harm.
- It does not give the Secretary of State the power to enter land or take steps if the harm is irremediable; in that case, other powers such as section 117 (imminent danger) or a court order under section 120 may be relevant.
- It does not cover situations where the harm was caused by an offence under section 118(1)(g) or other subsections not listed.
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This page reproduces the text of EPA 1990 s. 121 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.