Power to remedy harm from s.23 offences – EPA 1990 s. 27
EPA 1990 s. 27: The Agency may remedy harm from s.23(1)(a)/(c) offences and recover costs from the convicted person, subject to approval and landowner consent.
Where the commission of an offence under section 23(1)(a) or (c) above causes any harm which it is possible to remedy, the appropriate Agency 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 Environment Agency or SEPA , as the case may be, shall not exercise its powers under this section except with the approval in writing of the Secretary of State and, where any of the steps are to be taken on or will affect land in the occupation of any person other than the person on whose land the prescribed process is being carried on, 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 gives the Environment Agency (or SEPA in Scotland) the power to take reasonable steps to remedy harm caused by certain offences under section 23(1)(a) or (c) of the same Act. The Agency can then recover the costs of those steps from the person who has been convicted of that offence.
The Agency must first obtain written approval from the Secretary of State. If the remediation work would affect land occupied by someone other than the person carrying out the prescribed process, the Agency also needs the permission of that occupier.
This power is separate from the court's power under section 26 to order the offender to remedy the harm. Here, the Agency acts directly, but only after a conviction has occurred.
When it applies
- A company operates a chemical plant without the required authorisation, causing air pollution that damages nearby crops. The Agency can clean up the damage and recover the cost from the company after conviction.
- A waste disposal site operator breaches permit conditions, leading to groundwater contamination. The Agency arranges groundwater treatment and bills the operator for the work.
- An individual illegally dumps hazardous waste on land, contaminating the soil. The Agency removes the waste and restores the land, then recovers the cost from the convicted person.
What this section does not say
- This section does not cover harm caused by offences other than those under section 23(1)(a) or (c) – for example, waste offences under section 33 are dealt with separately.
- It does not allow the Agency to take action before a conviction is obtained; the power only applies after someone is convicted of the relevant offence.
- It does not require the convicted person to do the remediation work themselves – the Agency arranges and pays for the steps, then recovers the cost.
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This page reproduces the text of EPA 1990 s. 27 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.