Introduction, Purpose, and Scope of the Enforcement Chapter
The enforcement chapter of the Guidelines recognises the vital role that enforcement plays in achieving the benefits offered by environmental laws and regulations. Effective enforcement can protect the environment, public health and safety, it can deter violations of law and it can encourage improved performance by the regulated community.
A good enforcement programme also reinforces the credibility of environmental protection efforts and the legal system that supports them and ensures fairness for those who willingly comply with environmental requirements.
The Guidelines aim to improve implementation of MEAs through strengthened enforcement. They emphasise that opportunities for such strengthening exist at the local, national and international level. Action at the national level is crucial and is given emphasis, but the Guidelines also acknowledge that international cooperation is essential if national-level enforcement is to be improved. This is especially true in developing countries and countries with economies in transition, and it can be accomplished through capacity building, financial assistance, and technology transfer.
Importance of Environmental Enforcement Programmes
Environmental enforcement programmes are important for many reasons. They protect environmental quality and public health, strengthen the credibility of environmental requirements, ensure fairness, and reduce long-term costs and liability.
To Protect Environmental Quality and Public Health.
Compliance is essential to achieving the goals of protecting public health and environmental quality envisioned by environmental laws. Public health and the environment will be protected only if environmental requirements get results. Enforcement programs are essential to get these results.
To Strengthen the Credibility of Environmental Requirements.
To get results, environmental requirements and the government agencies that implement them must be taken seriously. Enforcement is essential to build creditability for environmental requirements and institutions. Once credibility is established, continued enforcement is essential to maintain credibility. Credibility means that society perceives its environmental requirements and the institutions that implement them as strong and effective. Credibility encourages compliance by facilities that would be unlikely to comply if environmental requirements and institutions are perceived as weak. The more credible the law, the greater the likelihood of compliance; credible legislation can also improve the credibility of other government efforts (e.g., projects) to protect the environment.