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What are Civil Sanctions?

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.

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What are Civil Sanctions?

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  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. Variable Monetary Penalties • No prescribed maximum amount. • VMP = estimated financial benefit derived from offence + deterrent element – costs incurred by operator. • Process.

  7. 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.

  8. Civil Sanctions Conclusion Proposals for a proportionate and balanced enforcement system with adequate checks and balances.

  9. Appeals

  10. 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.

  11. 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.

  12. 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.

  13. Conclusion • Transparent appeals system – NIEA is accountable for its decisions. • WAC is an independent and effective appellate body with a proven track record.

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