Repressive intervention

Aimed at punishing the offender. A repressive intervention goes further than a corrective intervention.

The aim of repressive interventions is not only to remedy an offence and restore the situation, but also to punish:

  • By imposing an administrative penalty
  • By issuing an administrative penalty decision
  • By withdrawing or suspending the permit, certificate or accreditation
  • By an operating ban or closing a company

Administrative penalty

An administrative penalty is, unlike an order subject to a penalty for noncompliance, an unconditional obligation to pay. With an order subject to a penalty for noncompliance an offender can still avoid the penalty by taking prescribed measures. With an administrative penalty this is not possible.

When will an administrative penalty be imposed

An inspector imposes an administrative penalty with the aim to punish the offender, and obviously also with the aim to ensure that the offender will remedy the situation.

to inform offender beforehand
When the inspector has the intention to impose an administrative penalty, the offender must be informed beforehand. The offender will then have the opportunity to present his view, before receiving a definitive order.

An administrative penalty can also be imposed together with an administrative enforcement order or an order subject to a penalty for noncompliance.

Level of penalties

The maximum level and the variations in the penalties are mainly laid down in the law. The way in which the inspectorate deals with administrative penalties is often worked out in the penalty policy. Levels for each type of offence are stated in this policy. The ILT penalty policy is published nationally.

Administrative penalty decision

Apart from the administrative penalty there is also the administrative penalty decision (by virtue of 257ba of the Code of Criminal Procedure). The big difference with the administrative penalty is that the administrative penalty decision is applied when it concerns a criminal offence. An objection against this is therefore lodged with the Public Prosecution Service, and not with the ILT.

With the administrative penalty decision the ILT can impose a fine on its own, which like the administrative penalty must be paid, unless decided otherwise in an objection.

When will an an administrative penalty decision be imposed

An inspector will impose an administrative penalty decision with the aim to punish the offender, and obviously also with the aim to ensure the offender to remedy the situation. This measure is mainly applied as part of imposing on-the-spot penalties.

Since 2012 it is possible for a number of environmental offences to impose an administrative penalty decision . In the Fact Book “Administrative Penalty Decision Regarding Environmental Offences and Offences in accordance with Water Authority Byelaws (May 2012) the cases of environmental offences and offences in accordance with water authority byelaws are included,  in which the administrative penalty decision can be applied:

  • Environmental Management Act, chapter 10 (waste, EWSR)
  • Waste materials product decrees (car wrecks, batteries and accumulators, electric/electronic equipment)
  • Asbestos Removal Decree
  • Soil Quality Decree (article 28)
  • Decree on the Detection of Radioactive Scrap Metal
  • Radiation Protection Decree
  • Fireworks Decree
  • Explosives for Civil Uses Act
  • Drinking Water Decree.

Withdrawing or suspending permit, certificate or accreditation

A severe intervention is withdrawing or suspending a permit or certificate, imposing an operating ban or even closing a company.

Sometimes the inspectorate when issuing the permit has already laid down clear conditions that state when a permit can be withdrawn. There are also cases in which these conditions are described in the law.

Far-reaching consequences for companies

These types of measures may have far-reaching consequences for companies, such as loss of income. After all, it is no longer possible for the company to carry out (a part of) the work. The inspectorate will not automatically proceed with these types of interventions when a company does not observe the rules. Moreover, such severe measures have often lready been preceded by corrective interventions.

Operating ban or closing a company

A severe intervention is withdrawing or suspending a permit or certificate, imposing an operating ban or even closing a company.

Sometimes the inspectorate already imposed clear conditions that shows when a permit can be withdrawn. There are also cases in which these conditions are described in the law.

These kind of measures may have far-reaching consequences for companies, such as loss of income. After all, it is no longer possible for the company to carry out (a part of) the work. The inspectorate will not automatically proceed with these kind of interventions when a company does not comply with the rules. Often corrective interventions have already been carried out before taking such severe measures.