ENVIRONMENT PROTECTION ACT 1997 - SECT 127 Application for order

ENVIRONMENT PROTECTION ACT 1997 - SECT 127

    (1)     An application for an order under section 128 may be made to the Supreme Court by—

        (a)     the authority; or

        (b)     any other person with leave of the court.

    (2)     The court must not grant leave under subsection (1) (b) unless satisfied that—

        (a)     the person has requested the authority to take action under the Act and the authority has failed, within a time that is reasonable in the circumstances, to notify the person in writing that it has taken any action that is appropriate in the circumstances; and

        (b)     it is in the public interest that the proceedings should be brought.