Section 115(3)

No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the Agency , the Natural Resources Body for Wales or, in Scotland, SEPA, declare unlawful any act or omission of the Crown which constitutes such a contravention.

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Source: legislation.gov.uk · retrieved 2026-07-30