ABSTRACT
The Regulations apply in England and Wales and in specified marine waters and the seabed. This is European Union (EU) derived legislation but retained as domestic law despite EU withdrawal. The enforcing authority can take the actions which the operator of an activity should have taken in an emergency, if the operator cannot be ascertained, or if the operator fails to comply with a notice. Where a responsible operator has received a notice from the enforcing authority, it must without delay identify potential remedial and submit them in writing to the enforcing authority for its approval. The responsible operator may notify the Secretary of State that they intend to appeal against the remediation notice on the grounds that its contents are unreasonable. The local authority must have regard to the standard of remediation, that is, it should result in land being ‘suitable for use’.
