The Office for Environmental Protection can undertake investigations into public authorities’ compliance with environmental law. We may do this in response to a complaint raised with us (via our published complaints procedure), or via a self-initiated investigation. Complaints are an important source of information that can help identify serious failures to comply with the law, or otherwise provide information valuable to wider OEP-led activity. We publish a quarterly summary of our complaints and enquiries, which can be found here.
In deciding whether to investigate a matter, or pursue any other action, we follow the decision-making framework set out in Part 4 of our Enforcement Policy.
We take a proportionate approach to our enforcement activities. This means we will normally aim to resolve non-compliance through co-operation, dialogue, and agreement with public authorities. Where we reach resolution by agreement with public authorities, we will normally make this public unless there are good reasons not to. As a result, much of our work centres on the resolutions we achieve outside of our formal enforcement powers. This is summarised below under ‘Interventions and resolutions’.
Where a satisfactory outcome cannot be reached through these means, we may pursue a formal investigation, and exercise our stricter enforcement powers including, if necessary, through court proceedings. Exceptionally, where urgency requires it, we may take a matter to court outside of our bespoke enforcement functions (see Part 5 of our Enforcement Policy). You can find a summary of our investigations below.
Interventions and resolutions
| Intervention / resolution | Summary | Outcomes and additional information |
|---|---|---|
| Compliance by the Environment Agency (EA) with duties when carrying out assessment and approval of grassland derogations under the Nitrate Regulations in England. | Action taken follow receipt of complaint alleging that the EA are failing to carry out appropriate assessments before granting a grassland derogation under the Nitrate Regulations and that the EA is failing to consult Natural England regarding individual grassland derogations. | Our assessment concluded that the approach used by the EA from 2016-2022 to assess the likelihood of impacts on European Protected Sites from issuing grassland derogations may fail to comply with its obligations under the Nitrate Regulations and Habitats Regulations. However, the EA has agreed a new approach to assessing these impacts from 2023 onwards which allows for site-specific assessments. We have written to the EA requesting confirmation that a site-specific Habitats Regulation Assessment will be adopted for every grassland derogation. We also requested details of the information that will be considered in carrying out these assessments, and confirmation that the EA has updated its approach to assessing likely impacts on SSSIs. • Casework summary report |
| Requirements under the Climate Change Act (Northern Ireland) 2022 | Self-initiated action in relation to various requirements under the Climate Change Act (Northern Ireland) 2022, including requirements in relation to public bodies reporting, carbon budgets, Climate Action Plans (CAP), Northern Ireland Climate Commissioner (NICC). | This is a ‘live’ issue’. We are currently engaging with DAERA over its plans and progress in respect of the various requirements under this Act that will enable us to monitor progress against commitments. |
| Review of Nutrient Action Programme (NAP) in Northern Ireland | Self-initiated action taken in relation to the statutory deadline to review the NAP by 11 October 2023 as required by the current NAP regulations. | Having raised concerns over the failure to complete this legally required four-yearly review, DAERA has now set out a timebound plan for delivery of this review. Further detail and exchanges of correspondence between the OEP and DAERA officials can be found HERE. |
| Publication of Environmental Improvement Plan (EIP) for Northern Ireland | Self-initiated action taken in relation to the statutory deadline for DAERA to publish an EIP by 25 July 2023, as required by the Environment Act 2021. We have received two complaints related to this matter. | This is a ‘live’ issue and we have ongoing engagement with DAERA in respect of the missed deadline to publish an EIP for NI, and the two related complaints we have received. We maintain an active interest in this matter. Further detail, and exchanges of correspondence between the OEP, DAERA officials and Minister Muir can be found HERE. |
| Inland Fisheries duties under the Fisheries Act (Northern Ireland) 1966 | Action taken on receipt of information identifying concerns with Inland Fisheries approach to monitoring compliance with conditions of Fish Culture Licenses in accordance with their statutory duties. | During the course of our assessment of an unrelated complaint against the NIEA, the OEP were made aware of information that highlighted concerns about the approach taken by Inland Fisheries to monitoring compliance with certain sections of the Fisheries Act (Northern Ireland) 1966. We have requested additional information to assess and monitor their compliance with these duties. This request was made as part of the action plan request to NIEA - OEP request to Inland Fisheries |
| Northern Ireland Environment Agency’s (NIEA) duties under the Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006 | Action taken follow receipt of complaints alleging that NIEA are failing to effectively regulate water abstraction from the River Crumlin in accordance with its statutory duties, highlighting specific failures to determine a water abstraction application submitted in 2007. | Whilst this complaint focussed on one specific location, our assessment of available information highlighted a more widespread issue with a number of abstractions and impoundment applications having not been determined by the NIEA over a significant period of time. NIEA have complied with our request for an action plan detailing how they plan to fully determine the outstanding deemed consents and ensure ongoing compliance in future. We will continue to monitor progress against this plan. • OEP action plan request to NIEA • NIEA response and proposed action plan |
| Environmental Impact Assessment (EIA) Screening in Northern Ireland | Action taken follow receipt of complaints alleging that planning authorities were failing to effectively consider transboundary impacts when screening out certain intensive agricultural developments from the need to undergo a full EIA. | We wrote to the Department for Infrastructure, as the body responsible for oversight of Northern Ireland’s planning system, expressing concerns about the inconsistency with which the law appeared to be applied in this area. In doing so, we recommended that the Department issue guidance to planning authorities on the correct application of screening procedures under The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 – particularly when it comes to developments which propose to carry out activities with potential cross-border impacts. The Department for Infrastructure complied with this recommendation, alongside highlighting several ongoing measures being taken to build capacity in the area of EIA within planning authorities. We intend to monitor the impact of these measures on the quality of decision-making on an ongoing basis. • OEP Advice Letter to DFI • Development Management Practice Note on EIA Screening • DFI response to OEP |
| Publication of delayed River Basin Management Plans | Action taken in relation to the requirement for Defra to publish the delayed updated River Basin Management Plans | We wrote to Defra to express our concerns over the delays and the risks in meeting other statutory requirements. We were pleased to see the publication of the River Basin Management Plans on 22 December 2022 following our correspondence. • Letters between the OEP Chief Regulatory Officer and Defra • OEP News Article |
| Publication of environmental targets | Actions taken in relation to the requirement for Defra to publish Environment Act 2021 missing targets by 31 October 2022 | We wrote to Defra to express our concerns over the delays and the importance of setting the environmental targets. We were pleased to see the publication of the targets on 16 December 2022 following our correspondence. • Letters between the OEP Chair and Defra • OEP News Article |
| Fisheries Management in Offshore Marine Protected Areas | Action taken in relation to the Marine Management Organisation’s Call for Evidence on its stage two assessment of the impact of fishing using bottom towed gear in thirteen Marine Protected Areas. | We wrote to the Marine Management Organisation to express our concerns over two high-level management options under consideration as part of its stage two assessment of fishing activity impacts in marine protected areas. We were pleased to see that neither option was included in a new draft byelaw, which was published for consultation on 17 January 2023. • Letter from the OEP’s Chief Regulatory Officer and the Marine Management Organisation, and the response. |
| The Environment Agency’s duty to provide a Public Register that meets the requirements specified in The Environmental Permitting (England and Wales) Regulations (EPR) 2016. | Intervention taken following receipt of a complaint alleging that the Environment Agency was failing to fulfil its duties under the EPR (2016) to provide access to a Public Register. | Whilst this complaint was not prioritised for investigation, we acknowledged that the transparency and accessibility of environmental data is a foundational aspect of environmental law. The external scrutiny provided by the public register is an important driver to maintain compliance standards and provide the appropriate scrutiny to environmental permits. We wrote to the Environment Agency to request an action plan detailing the development of an online public register, including planned improvements and proposed dates. The Environment Agency complied with this request and we intend to monitor their progress in this regard. • OEP Compliance Action Plan Request • Environment Agency response • Indicative Public Register Action Plan • OEP Closure letter |
Active Investigations
| Investigation | Summary | More information |
|---|---|---|
| Classification and adaptation of Special Protection Areas (England) | An investigation into whether the Department for Environment, Food and Rural Affairs (Defra) and/or Natural England has failed to comply with environmental law in relation to the classification and adaption of the Special Protection Area network, the implementation of recommendations in SPA reviews, and general duties to protect and maintain wild bird populations. | • OEP news article - OEP Launches Investigations into Special Protection Areas for Wild Birds |
| Classification and adaptation of Special Protection Areas (Northern Ireland) | An investigation into whether the Department of Agriculture, Environment and Rural Affairs’ (DAERA) has failed to comply with environmental law in relation to the classification and adaption of the Special Protection Area network, the implementation of recommendations in SPA reviews, and general duties to protect and maintain wild bird populations. | • OEP news article - OEP Investigates DAERA over Special Protection Areas for Wild Birds |
| DAERA guidance on assessing applications for ammonia emitting agricultural developments | An investigation into whether the Department of Agriculture, Environment and Rural Affairs’ (DAERA) Standing Advice on Livestock Installations and Ammonia fails to comply with environmental law. | Commonly known as the ‘Operational Protocol’, DAERA’s ammonia guidance provides advice to local planning authorities and applicants seeking planning permission for certain livestock developments. • OEP News Article - OEP launches investigation into DAERA’s advice on ammonia emissions • OEP News Article - OEP welcomes DAERA's decision on the Operational Protocol in Northern Ireland |
| Regulation of combined sewer overflows (CSOs) | An investigation into the roles of Ofwat, the Environment Agency and the Defra Secretary of State in the regulation of combined sewer overflows (CSOs) in England. | • OEP News Article |