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Powers of authorities
Power to take steps to prevent, contain or remedy 'environmental damage'
31. As a means of last resort the authority may itself take action where the responsible operator:
- cannot be found;
- has failed to comply with a duty under these Regulations;
- has proved to the satisfaction of the authority that a defence applies
However, the primary responsibility rests with the operator. Intervention by an authority is more likely to be to prevent or control damage than to assume the role of longer-term remediation.
Powers of entry
32. Authorities have appropriate powers of entry under existing regimes sufficient for their roles under these Regulations.
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