S.L. 549.130 Art. 5Method statement procedure.

(1) The Authority shall order the contravener to prepare a method statement, according to the terms of reference in the Schedule, for the restoration of the land to its original state, or afforestation as relevant, to the satisfaction of the Environment and Resources Authority, and where the site is of cultural value, to the satisfaction of the Superintendence of Cultural Heritage. The Environment and Resources Authority and the Superintendence of Cultural Heritage shall have the right to request the method statement to address other issues over and above those defined in the Schedule.

(2) The Authority shall duly notify the contravener, in terms of the Act, of the requirement to submit a method statement in terms of sub-regulation (1). The Authority’s notification shall specify the requirements and the terms of reference for the proposed method statement, which shall also include those as requested by the Environment and Resources Authority and the Superintendence of Cultural Heritage, and the time-frame within which such method statement is to be submitted by the contravener to the Authority.

(3) A method statement submitted in terms of sub-regulation

(2) shall be endorsed by the Environment and Resources Authority and where applicable the Superintendence of Cultural Heritage:

Provided that the same method statement fully addresses all the requirements laid down in the terms of reference notified to the contravener in accordance with sub-regulation (2). In its endorsement, and without prejudice to any other legislation, the Authority may impose any additional requirements or conditions it may deem fit to impose.

(4) The contravener shall be duly notified in terms of the Act of the endorsed method statement. The date of notification of the endorsed method statement shall be deemed to constitute the date upon which the works specified in the same method statement are to commence.