Common use of Procedural Issues Clause in Contracts

Procedural Issues. 1. Each Party shall promote public awareness of environmental laws and policies, including enforcement and compliance procedures, by ensuring that relevant information is available to the public. 2. Each Party shall ensure that an interested person residing or established in its territory may request that the Party's competent authorities investigate alleged violations of its environmental law, and that the competent authorities give due consideration to such requests, in accordance with the Party's legal system. 3. Each Party shall ensure that judicial or administrative proceedings for the enforcement of its environmental laws are available in accordance with its legal system and that such proceedings are fair, equitable, transparent, and comply with due process. Any hearing in such proceedings shall be open to the public, except where the administration of justice requires otherwise in accordance with its legal system. 4. Each Party shall ensure that persons with a recognized interest in a particular matter under its legal system have appropriate access to the procedures referred to in paragraph 3. 5. Each Party shall provide appropriate sanctions and remedies for violations of its environmental laws. Such sanctions or remedies may include the right to bring an action directly against the violator to seek redress for damages or injunctive relief, or the right to seek government action. 6. Each Party shall ensure that due consideration is given to relevant factors in establishing the sanctions or remedies referred to in paragraph 5. These factors may include the nature and severity of the violation, the damage to environment and any economic benefit that the violator derived from the violation.