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S.L. 549.97 · Prevention And Remedying Of (S.L. 549.97)

S.L. 549.97 ст. 6Preventive action.

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(1) Where environmental damage has not yet occurred but there is an imminent threat of such damage occurring, the operator shall, without delay, take the necessary preventive measures.

(2) An operator shall, in any such case, including whenever an imminent threat of environmental damage is not dispelled despite the preventive measures taken by the operator, inform the competent authority of all relevant aspects of the situation, as soon as possible.

(3) Without prejudice to the aforesaid, the competent authority shall:

(a) require the operator to provide information on any imminent threat of environmental damage or in suspected cases of such an imminent threat;

(b) require the operator to take the necessary preventive measures;

(c) give instructions to the operator to be followed on the necessary preventive measures to be taken.

(4) The competent authority may take these measures itself if the operator:

(a) fails to comply with the obligations laid down in sub-regulations (1) or (3)(b) or (c); or

(b) cannot be identified; or

(c) is not required to bear the costs under these regulations.