While businesses may often associate environmental enforcement with the Environment Agency, local authorities also have significant powers to investigate suspected environmental offences and, where appropriate, bring criminal prosecutions.
Knowing what powers local authorities have is important as it can help businesses strengthen their legal position by being more mindful of potential compliance risks.
What environmental matters do local authorities investigate?
While the Environment Agency typically focuses on large-scale and significant environmental matters, local authorities investigate smaller-scale and more localised nuisances.
Local authorities will investigate:
- Fly-tipping and waste-related offences.
- Statutory nuisance complaints.
- Certain pollution offences.
- Littering and related environmental breaches.
There are instances when there will be some overlap between the Environment Agency and a local authority, as well as Natural England or Natural Resources Wales, but this will depend on the circumstances of specific cases.
How extensive are the investigatory powers of local authorities?
The investigatory powers available to local authorities in relation to environmental offences are set out in section 108 of the Environment Act 1995 (EA 1995) and EA 1995, Sch 18. However, the specific enforcement powers available to local authorities to investigate environmental offences will depend on which legislation has been allegedly breached.
Authorised officers can have wide-ranging powers when investigating suspected environmental offences. These may include powers to:
- Enter premises in certain circumstances.
- Inspect sites and vehicles.
- Obtain documents and records.
- Take photographs, measurements and samples.
- Seize evidence.
- Require individuals to provide information relevant to an investigation.
In some situations, local authorities can obtain warrants to enter premises and may be permitted to use reasonable force where authorised by the court.
When do local authorities conduct interviews or issue requests for information?
During an investigation, businesses and individuals may be asked to provide information or attend a formal interview.
Where there are grounds to suspect that an offence has been committed, the local authority may invite a suspect to attend an interview under caution. Statements made during such interviews can play a significant role in any subsequent prosecution, making early legal advice essential.
Companies should also be careful when deciding who will represent the organisation during an interview, particularly where directors or managers may themselves be under investigation.
Is it an offence to refuse to cooperate with a local authority?
Obstructing an authorised officer, failing to comply with lawful requirements or providing false or misleading information can amount to separate criminal offences. Depending on the circumstances, these offences can result in fines and, in more serious cases, imprisonment.
Can local authorities use surveillance to investigate environmental matters?
In limited circumstances, local authorities may use covert investigatory techniques, including surveillance and the acquisition of certain communications data. However, these powers are tightly regulated and generally reserved for more serious offending where strict legal requirements are met.
Why does early legal advice matter with local authority environmental investigations?
Actions taken at the start of an environmental investigation can significantly impact the eventual outcome. Businesses should seek legal advice as soon as they are contacted by an investigating authority, particularly if officers are seeking documents, conducting a search, or requesting attendance at an interview under caution.
Early advice can help manage communications with regulators and ensure that the business responds appropriately to the investigation.
How we can help during local authority environmental investigations
Our regulatory and environmental law team advises companies, directors and individuals facing investigations by local authorities and other environmental regulators.
If your business has received contact from a local authority regarding an environmental matter, please contact our team for confidential advice at the earliest opportunity.
Our specialist team can support you with compliance awareness so that you do not get caught out. Contact James Edes today for help.