Prospective
(1)The OEGW may serve a compliance notice on a public authority if it considers that the public authority—
(a)is failing to comply with environmental law, or
(b)has failed to comply with an information notice.
(2)A compliance notice served under subsection (1)(a) must specify—
(a)the environmental law to which the alleged failure relates,
(b)the conduct that has caused the OEGW to consider that the public authority is failing to comply with environmental law,
(c)one or more actions the OEGW requires the authority to take in order to address the failure (which may include action intended to remedy or mitigate, or prevent any repeat of, the failure), and
(d)the period within which each action must be taken.
(3)The period specified for each action for the purposes of subsection (2)(d) must be at least 30 days beginning with the day the notice was served (but see also section 19(2) (duration of specified period in urgent compliance notices)).
(4)A compliance notice served under subsection (1)(b) must specify—
(a)why the OEGW considers the public authority has failed to comply with the information notice,
(b)the action the OEGW requires the authority to take in order to address the failure, and
(c)the period within which the action must be taken.
(5)A compliance notice must also include—
(a)information about the right to request a review of a compliance notice, including the period within which the request must be made, and
(b)an explanation of the consequences of failing to take the action specified in the notice.
(6)The OEGW may, by giving notice to the public authority on whom a compliance notice was served—
(a)withdraw the compliance notice;
(b)vary the compliance notice.
(7)A compliance notice under subsection (1)(a) may not require any action to be taken in respect of an administrative decision taken by a public authority in relation to a particular person or case (for example, a decision on an application for planning permission, funding or a licence, or a decision on regulatory enforcement in a specific case).
Commencement Information
I1S. 18 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)