The Environmental Damage (Prevention and Remediation) Regulations 2009

Requests for action by interested parties

This section has no associated Explanatory Memorandum

29.—(1) Any person—

(a)who is affected or likely to be affected by environmental damage, or

(b)who otherwise has a sufficient interest,

may notify the appropriate enforcing authority of any environmental damage which is being, or has been caused or of which there is an imminent threat.

(2) A notification must be accompanied by—

(a)a statement explaining the way the notifier will be affected by the damage, or the reason that the notifier has a sufficient interest; and

(b)sufficient information to enable the enforcing authority to identify the location and nature of the incident.

(3) The enforcing authority must consider the notification and inform the notifier as to the action, if any, that it intends to take.

(4) Before taking any decision the enforcing authority must, if practicable—

(a)notify the operator concerned of the notification and the accompanying information; and

(b)invite that operator to submit comments on them.

(5) Paragraphs (3) and (4) do not apply if—

(a)the notifier is not likely to be affected or does not have a sufficient interest;

(b)in the opinion of the enforcing authority the information provided does not disclose any environmental damage or threat of environmental damage; or

(c)as a result of the urgency of the situation, it is not practicable for the enforcing authority to comply with those paragraphs.