Moved by
Lord Anderson of Ipswich (CB)
26: Clause 38, page 22, line 31, at end insert—
“(2A) The OEP may include in the application for an environmental review a request that the court also review additional alleged conduct constituting a failure to comply with environmental law where—
(a) the additional conduct is similar to, or related to, the conduct described in the decision notice, and
(b) the additional conduct is conduct of—
(i) the public authority to whom the decision notice was given, or
(ii) another public authority, where that additional conduct indicates there may be systemic failures to comply with environmental law.
(2B) Where subsection (2A) applies—
(a) the OEP need not have given an information notice or a decision notice to the public authority to whom the additional conduct relates in respect of that additional conduct, and
(b) the court may review that additional conduct if it thinks it reasonable to do so.”
Member’s explanatory statement
This amendment allows greater flexibility to consider multiple instances of misconduct rolled up into one single application, rather than issuing separate proceedings in respect of each individual incident.