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6. Determination of 'damage'
Chapter 6 sets out the process for determining whether damage is relevant under the Regulations
6.1 Once the authority is aware of possible 'damage', because it has been notified by an operator, as a result of a request for action or otherwise, it must establish whether or not it is relevant for the purposes of the Regulations. The authority may take account of the guidance in chapter 3 of this document in determining whether damage is relevant.
6.2 The authority may require any person, whether or not a potential operator, to provide any relevant information in their possession. Failure to provide such information is an offence. The operator may wish to assist the authority by collecting further data or undertaking assessments. If so the operator should inform the authority of his intention to do so and should submit any material within a timescale specified by the authority.
6.3 If the authority decides that the damage is relevant it must identify a responsible operator, and act in accordance with the flowchart below.
CHAPTER 6 FLOWCHART: DETERMINATION OF DAMAGE
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