Schedule 3, Part 1, paragraph 4(2)

For the purposes of those paragraphs, a reference to a relevant public authority failing to comply with relevant environmental law means the following conduct by that authority— unlawfully failing to take proper account of relevant environmental law when exercising its functions; unlawfully exercising, or failing to exercise, any function it has under relevant environmental law.

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