C1Part 4Marine licensing

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.

Enforcement notices

I1C243Compliance notice

1

If it appears to the Scottish Ministers that subsection (3) is satisfied in relation to a person carrying on an activity, they may issue a compliance notice to that person.

2

A compliance notice is a notice requiring a person to take such steps (falling within subsection (4)(b)) as are specified in it.

3

This subsection is satisfied if—

a

a person holding a marine licence—

i

has carried on, or is carrying on, a licensable marine activity under the licence,

ii

in carrying on that activity has failed, or is failing, to comply with a condition of the licence, and

b

the carrying on of the activity has not caused, and is not likely to cause, any of the following—

i

serious harm to the environment,

ii

serious harm to human health,

iii

serious interference with legitimate uses of the sea.

4

A compliance notice must—

a

state the Scottish Ministers' grounds for believing that subsection (3) is satisfied,

b

require the person to take such steps as the Scottish Ministers consider appropriate to ensure that the condition in question is complied with,

c

state the period before the end of which those steps must be taken.