PART 4Administration, Enforcement and Review
Requests for action by interested parties29
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 in which 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 the operator to submit comments on them.
5
Paragraphs (3) and (4) do not apply if, in the opinion of the enforcing authority—
a
the notifier is not likely to be affected or does not have a sufficient interest;
b
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.