Environment Act 2021

Review application

12 (1) The OEP may make a review application in relation to conduct described in a decision notice given to a relevant public authority as a failure of the authority to comply with relevant environmental law, but only if—

(a) it is satisfied, on the balance of probabilities, that the authority has failed to comply with relevant environmental law, and

(b) it considers that the failure is serious.

(2) A review application is an application for judicial review in respect of conduct of a relevant public authority, and any reference in this Part of this Schedule to a review application is to an application made by virtue of sub-paragraph (1).

(3) A review application may not be made before the earlier of—

(a) the end of the period within which the authority must respond to the decision notice that precedes the application (see paragraph 10(3)), and

(b) the date on which the OEP receives the authority’s response to that notice.

(4) Subject to that, the OEP may make a review application at any time (and accordingly any time limit, that would otherwise apply to the making of a review application, does not apply).

(5) The High Court may grant a remedy on a review application only if Condition A or Condition B is met.

(6) Condition A is that the court is satisfied that granting the remedy would not—

(a) be likely to cause substantial hardship to, or substantially prejudice the rights of, any person other than the authority, or

(b) be detrimental to good administration.

(7) Condition B is that Condition A is not met but the court is satisfied that—

(a) granting the remedy is necessary in order to prevent or mitigate serious damage to the natural environment or to human health, and

(b) there is an exceptional public interest reason to grant it.

(8) If, on a review application, there is a finding that a relevant public authority has failed to comply with relevant environmental law, and the finding has not been overturned on appeal, the authority must publish a statement that sets out the steps it intends to take in light of the finding.

(9) A statement under sub-paragraph (8) must be published before the end of the 2 month period beginning with the day the proceedings relating to the review application (including any appeal) conclude.

(10) In this Part of this Schedule reference to an application for judicial review includes an application for the permission of the High Court to apply for judicial review.