Consultation on strengthening penalties for water company offences

This consultation invites views on the introduction of new penalties for offences committed by water companies. The consultation sets out our proposals for:

• variable monetary penalties (VMPs) imposed to the civil standard of proof (civil standard VMPs)
• automatic penalties, where the Environment Agency (EA) will be placed under a duty to impose fixed monetary penalties to the civil standard of proof in specific circumstances 

The powers will apply to the EA’s regulation of water companies in England, ensuring minor to moderate water company offences can be enforced quickly, cost effectively, and proportionately.

The new penalties will sit alongside and complement the existing enforcement options, including prosecution and unlimited VMPs to the criminal standard of proof that will continue to be used to enforce more serious offences.

This consultation seeks views on:

• offences and circumstances where new penalties can be imposed
• permit conditions that would be introduced to enable or support penalties
• the maximum penalty value of civil standard VMPs
• the value of an automatic penalty
• procedural requirements, including representations and appeals
• potential business impacts

Defra will use the feedback provided to inform the implementation of these new penalties in secondary legislation.