Environment Act 2021

Valid from 28/02/2022

Investigations: relevant public authorities N.I.

7 (1) The OEP may carry out an investigation under this paragraph if it receives a complaint made under paragraph 6 that, in its view, indicates that—

(a) a relevant public authority may have failed to comply with relevant environmental law, and

(b) if it has, the failure would be a serious failure.

(2) The OEP may carry out an investigation under this paragraph without having received such a complaint if it has information that, in its view, indicates that—

(a) a relevant public authority may have failed to comply with relevant environmental law, and

(b) if it has, the failure would be a serious failure.

(3) An investigation under this paragraph is an investigation into whether the relevant public authority has failed to comply with relevant environmental law.

(4) The OEP must notify the relevant public authority of the commencement of the investigation.

(5) The OEP must prepare a report on the investigation and provide it to the relevant public authority.

(6) The OEP is not required to prepare a report until it has concluded that it intends to take no further steps under this Part of this Schedule in relation to the alleged failure to comply with relevant environmental law that is the subject of the investigation.

(7) The OEP is not required to prepare a report if it has made a review application, or an application for judicial review by virtue of paragraph 13(1), in relation to the alleged failure.

(8) The report must set out—

(a) whether the OEP considers that the relevant public authority has failed to comply with relevant environmental law,

(b) the reasons the OEP came to that conclusion, and

(c) any recommendations the OEP may have (whether generally or for the relevant public authority) in light of those conclusions.

(9) The OEP may publish the report or parts of it.

(10) If the public authority is not a Northern Ireland department, the OEP must also—

(a) notify the relevant department of the commencement of the investigation, and

(b) provide the relevant department with the report prepared under sub-paragraph (5).

(11) In this Part “the relevant department”, in relation to a failure (or alleged failure) of a relevant public authority to comply with relevant environmental law, means the Northern Ireland department that the OEP considers appropriate having regard to the nature of the authority and the nature of the failure.

Commencement Information

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