Conditions for interventions

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Combining interventions

In some cases, the Inspectorate is allowed to combine multiple interventions. The law determines that some interventions can be implemented simultaneously. Others may only be applied consecutively.

Permitted combinations

• ILT may consecutively impose several administrative redress sanctions for the same violation. For example, a cease and desist order followed by an order for administrative coercion.
• A combination of 2 punitive sanctions for individual offenses is allowed.
• A combination of administrative redress sanctions and punitive criminal sanctions is only allowed if the interventions each protect a different interest.
• A combination of an administrative redress sanction and a punitive administrative sanction is permitted. For example a cease and desist order in conjunction with an administrative fine.
• If an action leads to multiple breaches of the law, ILT may apply a separate administrative sanction for each violation.

Non-permitted combinations

• ILT may not simultaneously impose 2 administrative redress sanctions for the same violation. For example, a cease and desist order may not be applied at the same time as an order for administrative coercion.
• A combination of a punitive administrative sanction and a punitive criminal sanction for the same violation is not permitted.

Interventions in dangerous situations

In some occasions, for instance in case of acute danger or a serious, far-reaching breach, immediate action is required. If this is the case, ILT may impose an administrative coercion straight away, such as halting construction or preventing further use of an object.

Preventive order

In case of an imminent violation, ILT may issue a preventive order, such as a preventive cease and desist order or a preventive order for administrative coercion. If the risk of a violation is obvious, the Inspectorate does not have to wait until the actual violation has taken place.

Punitive interventions

ILT utilises 2 types of interventions based on criminal law: the penalty notice, issued by an inspector without referral to the Public Prosecution Office (OM), and the official report, used by the OM to decide on further proceedings and sanctions.  

Order for administrative coercion

In some cases, ILT may not be able to issue a cease and desist order, for instance in case of a serious environmental crime. To stop the offenders as soon as possible, ILT can issue an order for administrative coercion: either the violators cease their activities, or the Inspectorate will do it for them. In highly urgent situations, ILT may act immediately.