PART 3Monitoring and Enforcement in England

Enforcement by the High Court19

1

If an operator fails to comply with a relevant obligation, the High Court may, on an application by the Environment Agency, make an order requiring the operator to comply with the relevant obligation.

2

The Environment Agency may not apply to the High Court for an order under paragraph (1) if—

a

the time for an appeal relating to the relevant obligation has not elapsed; or

b

any appeal relating to the relevant obligation has not been determined.

3

In paragraph (1), “a relevant obligation” means any obligation included in—

a

an information notice;

b

an enforcement notice; or

c

a civil penalty notice.