About this unit

This unit deals with the need to enforce compliance with regulations and/or legislation (including bylaws) to protect the environment. Enforcement should be necessary only where other means of resolving problems and disputes have failed e.g. negotiation, warnings etc. It covers the activities associated with identifying and confirming the need for enforcement, and initiating the enforcement procedures themselves.

You will carry out these activities within the legislative framework and under supervision from your line manager. However, there would normally be a considerable degree of autonomy and responsibility, arising from the need to fully understand all information pertinent to the case, and the advantages of collecting evidence personally.

This unit is likely to be of relevance to Public Rights of Way Officers (particularly in England and Wales), Wardens and Rangers in rural and urban situations, and others who need to enforce legislation connected with their area of work.

» Element EC29.1 Identify and confirm the need for enforcement

» Element EC29.2 Initiate enforcement procedures to protect the environment

Element EC29.1 Identify and confirm the need for enforcement

What you must be able to do:

1. investigate cases of alleged non-compliance with regulations or legislation in an appropriate manner
2. time your investigations correctly in accordance with the alleged degree of danger or inconvenience to users of the environment
3. accurately identify cases of non-compliance with regulations or legislation
4. record cases of non-compliance accurately, legibly and comprehensively in appropriate formats
5. accurately identify those responsible for the breach of regulations or legislation
6. evaluate the feasibility of solutions other than enforcement, and implement alternative action where possible
7. seek advice on the enforcement process and its implications from the relevant specialist advisers, where necessary
8. establish the need for enforcement where other action has failed or is inappropriate
9. promptly identify circumstances constituting a hazard or risk to users of the environment, bring them to the attention of the relevant people, and arrange to safeguard users as appropriate

This standard covers:

A. the following types of non-compliance:

• obstructions and encroachments
• interferences and nuisances
• inadequate access
• illegal activities on sites

B. the following types of investigations:

• review of information received
• site visit and observation
• other investigations, including consultations

C. formats:

• written
• graphic
• photographic

What you must know and understand:

• the weight to be attributed to the different forms of information or evidence about alleged non-compliance
• understanding and correct interpretation of relevant aspects of regulations and legislation, in different circumstanTuesday October 6, 2009 reasons why records should be accurate, legible and comprehensive
• potential alternative solutions, other than enforcement, and judgement of their effectiveness
• circumstances which would merit seeking the advice oTuesday October 6, 2009forcement where other action has failed or is inappropriate
• reasoning for judgement that other action has failed or is inappropriate
• responsibilities under Health and Safety legislation; circumstances constituting a hazard or risk to users of the environment

Element EC29.2 Initiate enforcement procedures to protect the environment

What you must be able to do:

1. collect evidence of non-compliance from the appropriate sources, record it accurately, legibly and comprehensively, and store it securely
2. gather evidence from witnesses courteously and without prejudice in accordance legal requirements, produce accurate records, and agree them with witnesses
3. prepare for legal action thoroughly and in consultation with the relevant legal advisers
4. initiate legal actions at the appropriate time and support them by complete and accurate evidence
5. monitor compliance with legal action at the appropriate time, and review the need for further action
6. identify and arrange default action to resolve problems where appropriate
7. adhere to all relevant legal requirements, codes of practice, strategy and policy throughout
8. arrange appropriate support where action might involve contact with aggressive or abusive people
9. suspend activities where the safety of yourself or others is threatened, and review further action
10. review the need for enforcement where the appropriate remedial action has been taken by any party

This standard covers:

A. the following types of non-compliance:

• obstructions and encroachments
• (ii) interferences and nuisances
• inadequate access
• illegal activities on site

B. evidence:

• witness
• (ii) written
• photographic
• documentary

C. default action:

• carrying out remedial work
• (ii) arranging for the charging of costs to those responsible

What you must know and understand:

• the relevant evidence for different circumstances
• the legal action processes for different circumstances
• the judgement of sufficient evidence for different circumstances
• how to monitor compliance; importance of correct and timely monitoring
• permissible default action for different circumstances, and reasons for choice, where appropriate
• relevant legal requirements, codes of practice, strategy and policy for different
• circumstances; and implications of not adhering to them
• appropriate support in circumstances involving aggression or abuse
• circumstances in which it would be sensible to withdraw

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