Enforcement Undertakings

What are Enforcement Undertakings?

An Enforcement Undertaking is an alternative to prosecution with certain regulators, including the Environment Agency and Natural England, for environmental offences such as pollution or habitat damage. Businesses must proactively offer ‘enforcement undertakings’ and for it to become an alternative to a prosecution, the regulator must have investigated the offence and have a realistic prospect of a successful prosecution to the criminal standard of proof, which is beyond reasonable doubt.

It is a legally-binding agreement, which is entered into voluntarily, and is offered to the regulator where there are reasonable grounds to expect that an offence has been committed. The primary purpose of the enforcement undertaking is to allow the offender to restore and remediate any environmental damage they may have caused, because they enable businesses to take control of a post-incident investigation or non-compliance and propose the steps they are prepared to take to remedy the situation rather than waiting for the regulator to impose sanctions.

What GMEF can offer

GMEF are working to ensure Greater Manchester has a brighter, greener future for generations to come. The projects we are funding are working to create and improve green space and encourage reuse and recycling in communities across Greater Manchester.

If your business is at risk of being prosecuted for an environmental offence, we can discuss how we can support you to offset this damage and provide additional environmental improvements as an enforcement undertaking. These opportunities can range from supporting existing projects across Greater Manchester to carbon offsetting and Biodiversity Net Gain.

You can get in touch with us by e-mailing gmenvfund@lancswt.org.uk to set up a meeting to discuss with our team.