Environmental Crime Regulations 2026.

The Environmental Crime Regulations 2026, is subsidiary legislation made under section 13 of the Treaty on Gibraltar and the European Union Act 2026 for the implementation of Article 219(4) of the Agreement concerning Gibraltar between the European Union, Euratom and the United Kingdom in respect of Gibraltar on the protection of the environment through criminal law. The Regulations establish a framework for environmental crime offences, including conduct carried out intentionally or by gross negligence that discharges, emits or introduces materials, substances, energy or ionising radiation into air, soil or water without lawful authority or in breach of permit conditions, where such conduct causes or is likely to cause death, serious injury, or substantial damage to air, soil, water, ecosystems, animals or plants. The Regulations define qualified offences where conduct causes the destruction of, or widespread and substantial irreversible or long-lasting damage to, an ecosystem of considerable size or environmental value, a habitat within a protected site, or the quality of air, soil or water. They establish criteria for assessing substantial damage, likelihood of damage and quantity, including baseline environmental condition, duration, extent, reversibility, regulatory thresholds, hazardous characteristics and restoration costs. The instrument also applies its penalty and enforcement framework to designated environmental offences listed in Schedule 2, thereby extending the new enforcement regime to existing offences concerning waste, pollution prevention, landfill, petroleum, public health, end-of-life vehicles, ship pollution, groundwater, mercury, ionising radiation, invasive alien species, endangered species, deforestation, bathing water, ozone-depleting substances and nature protection. The Regulations prescribe penalties for natural and legal persons, including imprisonment, fines, restoration orders, compensation, exclusion from public funding, withdrawal of permits, disqualification from corporate office, publication of judicial decisions and additional sanctions for legal persons. They provide for aggravating and mitigating circumstances, liability of legal persons where offences are committed for their benefit by officers or through lack of supervision, application of proceeds of crime legislation, and prosecution in Gibraltar where the offence, damage, vessel, aircraft or offender has the required territorial or personal connection. The Government must establish and publish a national strategy on combating environmental criminal offences by 21 May 2027 and maintain statistical data on reporting, investigation, prosecution, convictions, penalties and related judicial outcomes.