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Is your timber legally harvested?

Designer furniture retailer Lombok has become the first business to be fined for breaching regulations introduced in 2013 to prohibit the importing and sale of illegally harvested timber.

Lombok was convicted and fined £5,000 plus costs after pleading guilty at the first hearing.

The company failed to exercise the required due diligence when placing an artisan sideboard on the market, imported on 1st June 2016 from India.

A previous breach of the relevant regulations had earlier been identified and led to a Notice of Remedial Action being served on Lombok on 28 April 2015; this was followed by a warning letter dated 7 October 2015 when the company failed to comply with the notice.

On 20 October 2016, officers visited Lombok’s central London showroom and found the required due diligence checks had not been made for an artisan sideboard for sale that had been imported from India.

When convicting the company District Judge stated these offences are “important”, addressing environmental concerns, biodiversity concerns, and public confidence that companies do not endanger those. Companies are required to mitigate the risk of illegal logging. Lombok had failed to exercise due diligence when importing the artisan sideboard, with their previous failures an aggravating feature, though in mitigation they had reacted proactively.

Taking into account their mitigation and credit for an early guilty plea, Lombok was fined £5,000, plus a victim surcharge of £170 and prosecution costs of £2,951. The total of £8,121 was ordered to be paid within 28 days.

Mike Kearney, Head of Regulatory Delivery Enforcement, said “The Government’s Regulatory Delivery team will take action against businesses that persistently, deliberately or recklessly fail to meet their legal obligations.

“Lombok failed to change their practises in response to our advice and so, given the impact of illegal logging, a criminal prosecution was appropriate. I am pleased that Lombok is now improving its supply chain monitoring.”

This prosecution was brought by the Insolvency Service Criminal Enforcement Team on behalf of the Department for Business, Energy and Industrial Strategy (BEIS) Regulatory Delivery team.

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Father and two sons jailed for supplying 180 illegal workers

CITB has helped secure convictions against a father and two sons who provided jobs for 180 illegal construction workers.

Baljit Rai, 55, and his two sons, Mandeep Rai, 32, and Daljit Pai, 34, from Littleover, Derby, were jailed last week for a total of 17-and-a-half years for supplying the illegal workers throughout the country.

Derby Crown Court heard that Mandeep was “the driving force behind the employment of most workers” and also created fake documents. He was jailed for seven and-a-half years, while Baljt and Daljit were both sentenced to five years.

CITB’s card fraud team supported the Home Office Immigration Enforcement and the Police in the investigation.

Ian Sidney, CITB Fraud Investigator, said “CITB takes illegal activity extremely seriously and it is critical that we continue to stamp out the fraudsters.

“I hope this conviction sends a strong message to anyone else that may be taking part in illegal activities, and highlights the seriousness of fraud in construction.

“We simply do not tolerate any fraudulent behaviour that puts people’s lives at risk or brings the industry into disrepute.”

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Housing firm fined £100,000 over construction site pollution

A major home building company has been fined £100,000 over a pollution incident relating to a housing development in Huddersfield.

Miller Homes Ltd, of Edinburgh, appeared before Leeds Crown Court on Wednesday 18th May following a pollution incident at Lindley Park, Huddersfield, in November 2013.

The company admitted one environmental offence for an unauthorised discharge of water, containing silt and sediment, from the construction site into a nearby watercourse that runs into Grimescar Dyke.

Flannery Civil Engineering Ltd, of Willow Bridge Way, Castleford, was fined £9,000 by Kirklees Magistrates’ Court in March after admitting a similar charge for its involvement in the same incident.

Prosecuting for the Environment Agency, Chris Bunting told the court that the polluted water should have been managed on the construction site, and that neither company had permission to discharge silt water from the site.

Miller Homes contracted Flannery to construct four storage lagoons in order to reduce the risk of flooding downstream. Straw bales were used on the outflow of the lower lagoon to prevent silt from leaving the site.

But following heavy rainfall in November 2013, the lower lagoon filled with water, and Flannery removed the straw bales to allow it to drain. With the bales removed, silt water ran directly into the watercourse, affecting water quality.

A member of the public reported the pollution incident to the Environment Agency, which sent an officer to investigate. He found that the watercourse was running a dark brown colour, and traced the source back to the development site.

The officer also saw that the straw bales were situated at the side of the lagoon, no longer filtering the discharge. Water entering the top lagoon was clear, but the water leaving the bottom lagoon was cloudy.

A spokesperson for the Environment Agency, said after the case “Environmental permitting laws exist to protect the environment and local communities from harm. This case shows how important it is that construction and other industrial companies adhere to the regulations to ensure that their activities do not pose a risk of pollution.”

“Miller Homes should have had more effective water management systems on the construction site to prevent the silty run-off from affecting local watercourses.”

“If anyone spots pollution of this kind, they are urged to contact the Environment Agency’s incident hotline on 0800 807060 so we can investigate.”

In mitigation, Miller Homes said they immediately improved the lagoon system following the incident. They added that they are one of a small number of house building companies that had achieved an accreditation for environmental standards, and that their board of directors had been “apoplectic” that the problem had not been reported to the Environment Agency or even themselves at the time.

The company was also ordered to pay £2,901.03 in costs.

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