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Regulation 19 Enforcement by the High Court

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2), if an operator fails to comply with a relevant obligation, the Environment Agency may certify that non-compliance in writing to the High Court.

(2)

The Environment Agency may not certify non-compliance to the High Court if—

(a)

the time for an appeal relating to the relevant obligation has not elapsed; or

(b)

any appeal relating to the relevant obligation has not been determined.

(3)

In paragraph (1), “a relevant obligation” means any obligation included in—

(a)

an information notice;

(b)

an enforcement notice; or

(c)

a civil penalty notice.

(4)

If the High Court is satisfied that the operator has failed without reasonable excuse to comply with a relevant obligation, the court may deal with the operator as if the operator were in contempt.