13. Requests for action
Chapter 13 sets out the procedure for anyone with a sufficient interest to request action from the authority.
13.1 Any person who is affected or likely to be affected by 'environmental damage'; or who otherwise has a sufficient interest, or who alleges a title to sue, may submit any observations to the authority in relation to any incidence of environmental damage of which they may be aware. (Regulation 11).
Whom to notify
13.2 Imminent threats of 'damage', or possible 'damage' should be reported to the appropriate authority. Table 4.1 summarises who this is depending on the activity causing damage and the type of damage. Contact details for authorities can be found at Annex 3. If there is uncertainty over who to contact any of the authorities may be contacted.
Reporting imminent threats of damage
13.3 Having identified and contacted the appropriate authority, interested parties should state that they are reporting an imminent threat of damage, or possible 'damage' under these Regulations. They will need to provide:
(a) a statement explaining the way the person requesting action will be affected by the damage, or the reason that he has a sufficient interest, and
(b) sufficient information to enable the enforcing authority to identify the location and nature of the incident.
13.4 The authority will not need to take any further action if the notifier is not likely to be affected or does not have a sufficient interest or if in its opinion the information does not disclose any genuine environmental damage or imminent threat of 'damage'. Therefore sufficient information should be provided to show that there is there is plausibly an imminent threat or 'damage'. The following is likely to be needed as a minimum:
- name and contact details of person requesting action;
- the date and time the imminent threat or possible environmental damage was discovered;
- a reference or description of the location of the activity giving rise to the imminent threat or possible environmental damage;
- a factual description of the activity giving rise to the imminent threat or possible environmental damage;
- a description of the location where the imminent threat or possible environmental damage is likely to occur, if different to the location above;
- which type of environmental damage it may be, or the imminent threat may cause;
- further details of the potential impact or environmental damage, e.g. substances actually or potentially released and nearby species and habitats;
- an indication of the scale of the potential impact or environmental damage;
- any useful supporting information ( e.g. sketch maps, photographs) of the imminent threat or 'environmental damage'.
13.5 The authority may ask for further information about the imminent threat of damage, or of the possible environmental damage. This may vary, depending on the circumstances of the imminent threat or the type of damage.
Action by the authority
13.6 The authority must consider the notification and inform the person requesting action, if any, which it intends to take (Regulation 11(5) (a)and (b)).
13.7 Before taking any decision on action relating to a request, the authority must notify the responsible operator and provide him the accompanying information. The operator may make comments, to which the authority must have regard.
13.8 The authority does not have to satisfy the requirements in paragraphs 13.6 or 13.6 if the notifier does not have an interest as defined in Regulation 11(1).