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The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009

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This is the original version (as it was originally made).

Preventing environmental damage

This section has no associated Explanatory Memorandum

9.—(1) An operator of an activity that creates an imminent threat of environmental damage, or an imminent threat of damage which there are reasonable grounds to believe will become environmental damage, shall immediately—

(a)take all necessary steps to prevent the damage; and

(b)in any case where the threat has not been dispelled despite the preventative measures taken, inform the enforcing authority of all relevant details.

(2) The enforcing authority may assess the threat and may serve a notice on the operator that—

(a)describes the threat;

(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 a notice served under paragraph (2) is an offence.

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