39 Judicial review: powers to apply in urgent cases and to intervene

39  Judicial review: powers to apply in urgent cases and to intervene

(1)     The OEP may apply for judicial review, or a statutory review, in relation to conduct of a public authority (whether or not it has given an information notice or a decision notice to the authority in respect of that conduct) if—

(a)     the OEP considers that the conduct constitutes a serious failure to comply with environmental law, and

(b)     the urgency condition is met.

(2)     The urgency condition is that making an application under subsection (1) (rather than proceeding under sections 35 to 38) is necessary to prevent, or mitigate, serious

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