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.