The Expanding Reach of Environmental Criminal Law

Think breaching a Tree Preservation Order is just a planning issue? Think again.

Environmental offences are no longer a side note in regulatory enforcement, especially now that strict liability offences like illegal waste disposal, pollution, and tree preservation order breaches are drawing criminal penalties, unlimited fines, and asset recovery under POCA. You don’t even need to intend harm to be held liable. Many environmental offences are strict liability offences, meaning that intent, negligence, or knowledge are irrelevant. If the act occurred, liability may follow, regardless of precautions or who exactly caused the incident.

What Is a Strict Liability Environmental Offence?

Strict liability applies across a range of environmental laws, including:

• Tree Preservation Orders
• Illegal waste disposal and failure to comply with permit conditions
• Water and watercourse pollution

In each case, the physical act alone, be it cutting down a protected tree, allowing runoff into a stream, or storing controlled waste without a permit is enough to found a prosecution. Neither intention nor awareness is required. That means that if you’re the owner of a company or business, or even simply the owner of the land, you can face criminal prosecution for the acts of any contractor, or even a subcontractor that causes damage to a protected tree, unlawfully disposes controlled waste, or pollutes a watercourse. Prosecution can lead to unlimited fines, Proceeds of Crime Act (POCA) orders (such as Restraint or Confiscation Orders), and in extreme cases, custodial sentences.

Real-World Enforcement

Enforcement has stepped up significantly in the past 24 months, not just against corporate offenders, but also directors, contractors, and landowners.

The Sycamore Gap Tree

On 29 September 2023, the UK woke to the news that the iconic 150-year-old Sycamore Gap tree had been deliberately felled overnight. Owned by the National Trust and located within a UNESCO World Heritage Site, the tree’s destruction prompted a major police investigation. Two men from Cumbria were later charged with criminal damage to both the tree and Hadrian’s Wall.

The damage to the wall was valued at £1,144. The damage to the tree was valued at £622,191 (its present and future amenity value). Both men were found guilty and now face sentencing in July 2025, with maximum penalties of up to 10 years in prison. The case has been called the most significant tree law prosecution in the UK to date.

The Swansea Redwood[1]

In 2023, a developer in Penllergaer Valley, Swansea, was fined £420,000 after felling a 176-year-old Giant Redwood and 72 other trees to prepare land for housing. The company director was personally fined £180,000; the company and its tree surgeon were fined £120,000 each.

Custodial Sentence for Habitat Destruction

In a 2024 prosecution brought by the Environment Agency, Mr John Price was sentenced to 12 months in prison and ordered to pay £600,000 in costs for bulldozing the banks of the River Lugg, causing significant ecological damage[2]. 

TPO Meets POCA

A Bournemouth auctioneer was fined £75,000 for unlawfully removing a 50-year-old oak tree that blocked the sea view from his hot tub. The court also imposed a £50,000 confiscation order under POCA, reflecting the uplift in property value caused by the enhanced view[3].

Civil Sanctions and Director Liability

While criminal prosecution is rising, the Environment Agency also uses civil sanctions, including enforcement undertakings that allow businesses to avoid prosecution by voluntarily addressing harm. These are available only where it is not in the public interest to prosecute, and they must include detailed remedial actions and compensation. However, with the new enactment of the Water (Special Measures) Act 2025, the Courts have been given even stronger powers to criminally penalise if an offence was committed with their consent, connivance, or neglect. 

POCA Meets Planning

POCA is not limited to fraud or drugs, environmental regulators are actively using it to hit offenders where it hurts, the wallet.

Environmental offences can lead to Proceeds of Crime Act 2002 applications, especially where the wrongdoing enhances land value. Prosecutors may seek, Restraint orders to freeze assets during investigation, Confiscation orders after conviction to recover criminal benefit, and in development cases, include any increase in land value due to unauthorised tree removal, stream diversion, or encroachment in the fine.

Legislative Reform and Criminal Exposure

The Water (Special Measures) Act 2025 took effect in April this year. One headline reform is that c-suite executives of utility companies that knowingly cover up pollution (e.g. sewage discharges) may now face custodial sentences of up to 2 years.

This follows revelations from a 2024 Freedom of Information request showing England’s ten main wastewater companies had been criminally convicted over 1,100 times since 1989, an average of over 30 times per year[4].

What Should Commercial Clients Do?

Whether you're a developer, funder, landowner, or asset manager, these developments matter. Liability can arise without intent or negligence, via subcontractors or third-party acts, regardless of planning approval. Therefore, it is key to put in practical safeguards such as:

• Train contractors and site managers on environmental duties;
• Keep written evidence of consents, surveys, and permits;
• Flag works near trees, rivers, or protected land for early legal review;
• Instruct environmental consultants for risk mapping in pre-acquisition due diligence; and 
• If something goes wrong, engage early with regulators and explore mitigation options as it may head off prosecution or reduce penalties.

Conclusion

Strict liability in environmental law is no longer just a trap for the unwary, it’s a mainstream enforcement mechanism. With rising fines, POCA recoveries, and even prison sentences on the table, commercial entities must treat environmental exposure as a core legal risk, not an afterthought.

If your business is concerned about potential liability for a breach of environmental law, contact Michael Lewis.

[1]https://www.mirror.co.uk/news/uk-news/millionaires-300000-fine-chopping-down-25028189

[2]https://www.thetimes.com/uk/environment/article/water-firms-convicted-1109-times-privatisation-clean-it-up-ws2pc9z7t

[3]https://www.dailymail.co.uk/news/article-2340354/Auctioneer-cut-neighbours-tree-improve-views-hot-tub-wedding-present-new-wife-ordered-pay-record-fine.html

[4]https://www.gov.uk/government/news/polluting-water-bosses-face-up-to-two-years-in-prison