Application to the court by Secretary of State
17.—(1) Subject to paragraphs (3) and (6) below, where–
(a)any activity in relation to a relevant project is being, or has been, carried out without the necessary consent or approval of the Secretary of State granted in accordance with these Regulations or otherwise than in accordance with a relevant requirement imposed in accordance with these Regulations; or
(b)a relevant project is being, or has been, carried out in breach of any condition attached to any consent or approval, being a condition so attached for the purpose of reducing or eliminating any significant adverse effects on the environment,
the court may, on the application of the Secretary of State, make an order restraining the continued carrying out of the relevant project or compelling the performance of any act required to be done by a condition of the kind mentioned in sub-paragraph (b) above.
(2) The court may, in addition to making such an order as is mentioned in paragraph (1) above, make an order requiring–
(a)the removal, so far as is practicable in all the circumstances, of any structure erected—
(i)without the consent or approval of the Secretary of State as mentioned in paragraph (1)(a) above;
(ii)otherwise than in accordance with any relevant requirement as mentioned in paragraph (1)(a) above; or
(iii)in breach of a condition of the kind mentioned in paragraph (1)(b) above; and
(b)where it orders the removal of any structure, the reinstatement of the site where the structure was erected.
(3) The court shall not grant an order under this regulation in respect of a breach of any condition of the kind mentioned in paragraph (1)(b) above where–
(a)the breach in question was due to circumstances beyond the control of the undertaker and the breach could not reasonably have been prevented by the undertaker; or
(b)the breach occurred as a result of anything required to be done as a matter of urgency for the purposes of securing the safety of any person.
(4) Where the undertaker fails to comply with the terms of an order made pursuant to paragraph (2) above within such time as may be specified in it or, in default of such specification, within a reasonable time of the making of the order, the Secretary of State may himself take the action required to be taken by the order and the reasonable costs and expenses of doing so shall be recoverable as a debt from the undertaker.
(5) Where the Secretary of State takes action in accordance with paragraph (4) above, that action shall be without prejudice to any consequences which may flow from the undertaker’s failure to comply with the order.
(6) This regulation shall not apply to anything done in relation to a project which is the subject of an exemption granted pursuant to regulation 13 above (exempt projects).