Relevant risks identified unexpectedly
This section has no associated Explanatory Memorandum
18.—(1) If a relevant risk that has not been identified as a result of work undertaken in compliance with a policy, procedure or standard under sub-paragraph (2)(g) or (j) of condition 13, or another condition in this Part, is identified during the construction or operation of the authorised development—
(a)any activity that may exacerbate the relevant risk, in particular by causing contamination or pollution to spread, or unexploded ordnance to explode, must be suspended;
(b)an investigation and risk assessment in respect of the relevant risk and the relevant contamination risks or relevant ordnance risks associated with it must be carried out;
(c)if the relevant risk is a relevant contamination risk, a report for the Home Secretary must be prepared by, or under the supervision of, or verified by, a contamination expert, setting out the results of the assessment and any remedial steps;
(d)if the relevant risk is a relevant ordnance risk, a report for the Home Secretary must be prepared by, or under the supervision of, or verified by, an ordnance specialist, setting out the results of the assessment and any remedial steps;
(e)the activity suspended under paragraph (a) must not be resumed until the Home Secretary has determined—
(i)what remedial steps, if any, to take in relation to the relevant risk, and has taken them, or
(ii)that there is no need to take remedial steps in relation to the relevant risk.
(2) When the Home Secretary has decided what remedial steps, if any, to take, and taken them, the Home Secretary must send to the Secretary of State—
(a)a copy of the report prepared under sub-paragraph (1)(c) or (d);
(b)a notice setting out—
(i)the remedial steps that the Home Secretary has taken, or
(ii)that the Home Secretary has decided that no remedial steps require to be taken.