Commentary on provisions of the Act Section 3: Pollution incident reduction plans New section 205C: Enforcement and sanctions
New section 205C provides that undertakers that fail to comply with this duty may be prosecuted and liable to a fine. Where the undertaker fails to comply with this duty, the chief executive will also have committed an offence and may be personally prosecuted and liable to a fine. The chief executive may rely on the defence provided in new section 205C(3) that they took all reasonable steps to avoid the failure.
	The environmental regulators are responsible for enforcing this duty. Where the environmental regulator is considering how to exercise its functions and the undertaker’s record with respect to compliance with its obligations relating to pollution, the regulator must also consider the undertaker’s record in implementing measures set out in its pollution incident reduction plans.