163.Section 43 defines the references to a public authority “failing to comply with environmental law” for the purposes of this Chapter. They are references to a public authority failing to comply with environmental law in any of the following ways: by failing to take proper account of environmental law when carrying out its functions; by carrying out its functions in a way that is contrary to, or incompatible with, environmental law, or by omitting to carry out its functions where the omission is contrary to, or incompatible with, environmental law.
Overview and Background Part 2 – Environment Interpretation of Chapter 2 Section 43 - Meaning of “failing to comply with environmental law”