Amendment made: 208, in clause 35, page 20, line 40, at end insert
‘, but only if—
(a) it is satisfied, on the balance of probabilities, that the authority has failed to comply with environmental law, and
(b) it considers that the failure is serious.’—
This amendment provides that the OEP may only bring an environmental review against a public authority if it is satisfied on the balance of probabilities that the authority has failed to comply with environmental law, and it considers the failure is serious. This aligns the conditions for bringing an environmental review with the conditions for giving a decision notice.