Where the commission of an offence under section 23(1)(a) or (c) above causes any harm which it is possible to remedy, the appropriate Agency may, subject to subsection (2) below—
arrange for any reasonable steps to be taken towards remedying the harm; and
recover the cost of taking those steps from any person convicted of that offence.
The Environment Agency or SEPA, as the case may be, shall not exercise its powers under this section except with the approval in writing of the Secretary of State and, where any of the steps are to be taken on or will affect land in the occupation of any person other than the person on whose land the prescribed process is being carried on, with the permission of that person.