Regulation 13 Preventing environmental damage

United Kingdom

(1)

An operator of an activity that causes an imminent threat of environmental damage, or an imminent threat of damage where there are reasonable grounds to believe that the damage will become environmental damage, must immediately—

(a)

take all practicable steps to prevent the damage; and

(b)

(unless the threat has been eliminated) notify all relevant details to the enforcing authority appearing to the operator to be the appropriate one.

(2)

The enforcing authority may (whether or not notification has been given under sub-paragraph (1)) serve a notice on an operator that—

(a)

describes a threat of a kind mentioned in paragraph (1);

(b)

specifies the measures required to prevent the damage; and

(c)

requires the operator to take those measures, or measures at least equivalent to them, within the period specified in the notice.

(3)

Failure to comply with paragraph (1), or with a notice served under paragraph (2), is an offence.