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Requests for action
29. Regulation 11 implements article 12 of the ELD allowing any person who is affected or likely to be affected by 'environmental damage' to make observations or request action by the authority. A similar right is given to an organisation promoting environmental protection i.e. an environmental NGO. The identification of such organisations need not be onerous, and no procedure is specified in the Regulations. Again, the Scottish Ministers anticipate that in cases of dispute the courts will decide in the usual way.
30. The competent authority will consider the observations and assess whether or not there is plausible evidence to investigate the complaint. If the authority judges that there is a plausible concern relating to damage then the authority will contact the operator and request that he withholds the damaging activities and informs the authority of the measures he intends to take to put things right. On the other hand if the authority feels that for any reason there is insufficient information or evidence it may decide to take no action.
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