PART 2ENVIRONMENT

CHAPTER 2ENVIRONMENTAL GOVERNANCE

Compliance notices

I131Compliance notice

1

Environmental Standards Scotland may issue a compliance notice to a public authority if Environmental Standards Scotland considers that—

a

in exercising its regulatory functions, the public authority—

i

is failing to comply with environmental law, or

ii

has failed to comply with environmental law in circumstances that make it likely that the failure will continue or be repeated, and

b

its failure to comply with environmental law is causing, or has caused, environmental harm or a risk of environmental harm.

2

A compliance notice is a notice requiring the public authority to whom it is issued to take the steps set out in the notice in order to address its failure to comply with environmental law.