The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005

PART 4PROHIBITION NOTICES

Prohibition notices

12.—(1) Where it appears to the Department –

(a)that a person has begun a relevant project without a consent; and

(b)that it is causing or is likely to cause significant harm to the environment,

the Department shall by notice served on that person prohibit the continuation of all or any part of that project.

(2) Where the Department serves a notice (in this regulation referred to as a “prohibition notice”) on a person under paragraph (1) the prohibition shall take effect immediately upon service of the notice or (if later) the date specified in the notice.

(3) The Department may at any time withdraw a prohibition notice (without prejudice to its power to serve another) by serving notice to that effect on those persons served with the prohibition notice.

(4) A prohibition notice shall cease to have effect if –

(a)a notice of withdrawal is served in accordance with paragraph (3);

(b)the Department (or the Commission) grants consent for the prohibited work; or

(c)if the Department (or the Commission) decides that the prohibited work is not a relevant project.

Penalties for contravention of a prohibition notice

13.—(1) Any person who contravenes a prohibition notice that has been served on him in accordance with regulation 12 shall be guilty of an offence.

(2) An offence under this regulation may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this regulation by reference to any period of time following the preceding conviction for such an offence.

(3) References in this regulation to contravening a prohibition notice shall include causing or permitting its contravention.

(4) A person guilty of an offence under this regulation shall be liable –

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment to a fine.

(5) In proceedings for an offence under this regulation it shall be a defence for the accused to prove that –

(a)the prohibition notice was not served on him; and

(b)he did not know, and could not reasonably have been expected to know, of its existence.