PART 1Environmental governance
CHAPTER 2The Office for Environmental Protection
The OEP's enforcement functions
32Complaints
1
A person may make a complaint to the OEP under this section if the person believes that a public authority has failed to comply with environmental law.
2
The OEP must prepare and publish a document which sets out the procedure by which complaints can be made.
3
A complaint under this section must be made in accordance with that procedure (as most recently published).
4
A complaint under this section may not be made by any person whose functions include functions of a public nature.
5
A complaint about a public authority may not be made under this section if—
a
the authority operates a procedure for considering complaints (“an internal complaints procedure”) under which the complaint could be considered, and
b
that procedure has not been exhausted.
6
A complaint under this section may not be made after the later of—
a
the end of the 1 year period beginning with the day on which the alleged failure that is the subject of the complaint last occurred, and
b
if the substance of the complaint was subject to an internal complaints procedure, the end of the 3 month period beginning with the day on which that procedure was exhausted.
7
The OEP may waive the time limit in subsection (6) if it considers that there are exceptional reasons for doing so.