SCHEDULE 26Enforcement undertakings

Contents of an enforcement undertaking2

1

An enforcement undertaking must specify—

a

action to secure that the offence does not continue or recur,

b

action to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed,

c

action (including the payment of a sum of money) to benefit any person affected by the offence, or

d

where restoration of the harm arising from the offence is not possible, action that will secure equivalent benefit or improvement to the environment.

2

It must specify the period within which the action must be completed.

3

It must include—

a

a statement that the undertaking is given in accordance with this Schedule;

b

the terms of the undertaking;

c

how and when a person is considered to have discharged the undertaking.

4

The enforcement undertaking may be varied, or the period within which the action must be completed may be extended, if both parties agree in writing.