Environment Act 2021

Judicial review: powers to apply to prevent serious damage and to intervene N.I.

13 (1) The OEP may make an application for judicial review in relation to conduct of a relevant public authority (whether or not it has given an information notice or a decision notice to the authority in respect of that conduct) if—

(a) the OEP considers that the conduct constitutes a serious failure to comply with relevant environmental law, and

(b) the urgency condition is met.

(2) The urgency condition is that making an application under sub-paragraph (1) (rather than proceeding under paragraphs 9 to 12) is necessary to prevent, or mitigate, serious damage to the natural environment or to human health.

(3) If, on an application for judicial review made by virtue of sub-paragraph (1), 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.

(4) A statement under sub-paragraph (3) must be published before the end of the 2 month period beginning with the day the proceedings relating to the application for judicial review (including any appeal) conclude.

(5) Sub-paragraph (6) applies to proceedings (including any appeal) that—

(a) are in respect of an application for judicial review, and

(b) relate to an alleged failure by a relevant public authority to comply with relevant environmental law (however the allegation is framed in those proceedings).

(6) If the OEP considers that the alleged failure, if it occurred, would be serious, it may apply to intervene in the proceedings (whether it considers that the relevant public authority has, or has not, failed to comply with relevant environmental law).

Commencement Information

I1 Sch. 3 para. 13 not in force at Royal Assent, see s. 147(6)(7)

I2 Sch. 3 para. 13 in force at 28.2.2022 by S.R. 2022/54, art. 2(1)(a)