[Video 6] Managing a regulatory inspection: Rights and responsibilities
26th October 2023
The Topline
“Environmental regulators have substantial powers when it comes to investigating incidents and enforcing environmental law. Knowing what those powers are and how best to handle a regulator is key for all businesses, whether they are subject to regular visits or not.”
– Rachel Turnbull, Director, Regulatory & Compliance
Complying with environmental law means being prepared for a regulatory inspection – whether simply routine or in response to an environmental incident. Rachel Turnbull shares valuable insights on managing a regulatory inspection effectively, focusing on understanding the regulators’ powers and best practices during such visits.
Key points
Reasons for regulator visits
Businesses may be inspected regularly to ensure permit compliance, or on an ad hoc basis in response to complaints or more serious environmental incidents.
Powers of regulators
Regulators possess a wide range of powers when enforcing environmental law. They can conduct inspections, enter premises, take samples, request relevant documents and require witnesses to speak to them.
Cooperating with regulators
Businesses must be aware of regulators’ powers and provide the appropriate level of cooperation, whilst ensuring they do not inadvertently provide the regulator more information than is required. Appoint a designated individual within the business to liaise with the regulator, manage an inspection and coordinate the provision of information and documents to the inspector throughout the process.
Record-keeping and requesting assistance
Document relevant details of the visit, gather information and record what is being disclosed, and maintain a constructive dialogue with the inspector. Knowing when to call for assistance, such as notifying a legal professional, is crucial to ensure the regulator receives everything they are entitled to in a controlled manner.
Responding to requests
Cooperate if you need to stop operations on-site, address potential issues promptly and constructively to ensure your business is best placed in the event of future enforcement action.
Managing a regulatory inspection: How we can support you
Understanding regulators’ powers and handling inspections professionally can help businesses navigate regulatory visits smoothly and ensure compliance with environmental standards. Being well-prepared and offering the right level of cooperation facilitates effective engagement with regulators and can lead to better outcomes for your business.
If you want to ensure that you’re prepared for a regulatory visit or need urgent advice in the event of an incident – contact our Environmental team for advice and support.
Visit our Environmental law in practice hub to explore more resources.
