38 Environmental review
Environment Act 2021 (2021 c 30) | Legislation

38  Environmental review

(1)     Where the OEP has given a decision notice to a public authority it may apply to the court for an environmental review, but only if—

(a)     it is satisfied, on the balance of probabilities, that the authority has failed to comply with environmental law, and

(b)     it considers that the failure is serious.

(2)     An environmental review is a review of alleged conduct of the authority that is described in the decision notice as constituting a failure to comply with environmental law.

(3)     An application for an environmental review may not be made—

(a)     before the earlier of—

(i)     the end of the period within which the authority must respond to the decision notice in accordance with section 36(3), and

(ii)     the date on which the OEP receives the authority's response to that notice, or

(b)     before the expiry of any time

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