We do this to ensure the relevant public authority is provided with the opportunity to assess and respond to matters in the first instance. [...] Eligibility status of complaints as of 31 December 2023 Ineligible 49 Eligibility being determined51 Eligible 3 During the process of determining the eligibility of a complaint, one of the issues we must establish is whether the complainant has exhausted the complaint process of the relevant public authority prior bringing the matter to us. [...] The requirement to do this stems from the Environment Act 2021 and is designed to provide the relevant body with the opportunity to review (and if necessary, rectify) any potential infractions at the earliest possible opportunity. [...] The most common reason complaints do not meet the eligibility criteria for complaining to the OEP is because the internal complaints procedure of the public authority being complained about had not been exhausted. [...] When determining if a failure to comply with environmental law is or may be serious, we consider the following factors: • The harm or potential harm to the natural environment and/or human health • The frequency of the conduct over time • Whether the conduct complained of raises any points of law of general importance • The behaviour of the public authority or authorities • Any other relevant fact.
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