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The Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012
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- Northern Ireland Statutory Rules
- 2012 No. 335
- PART 3
- Regulation 17
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Enforcement noticesN.I.
This section has no associated Explanatory Memorandum
17.—(1) The Department may serve an enforcement notice on any person who it considers has contravened Council Regulation 708/2007 or these Regulations.
(2) The Department may serve an enforcement notice on the operator of an aquaculture facility if it considers that any aquatic organism present in the aquaculture facility was moved in contravention of Council Regulation 708/2007 or these Regulations or any condition of a permit or a notice served under regulation 7(2)(a) or (b) or (3).
(3) An enforcement notice shall—
(a)state the matters constituting the contravention;
(b)specify the steps which the operator is required to take to remedy the contravention;
(c)state the date by which those steps shall be taken; and
(d)inform the operator of the right of appeal under regulation 20.
(4) An enforcement notice may require the operator on whom it is served to—
(a)remove and dispose of any aquatic organism, at their own cost, in a manner and within the period specified in the notice; and
(b)take steps to ensure that the aquaculture facility is, so far as possible, restored to its condition prior to the contravention.
(5) If an enforcement notice is not complied with, the Department may—
(a)take such steps as it considers necessary (including the removal and disposal of the aquatic organism) to —
(i)ensure compliance with the requirements of the notice; or
(ii)remedy the consequences of the failure to carry them out; and
(b)recover any expenses reasonably incurred in so doing from the person who has failed to comply with the enforcement notice.
(6) An enforcement notice does not take effect until 21 days after it is served.
(7) The Department may remove and dispose of any aquatic organisms without serving an enforcement notice —
(a)in an emergency; and
(b)at the cost of the operator.
(8) Except where regulation 20 (7) applies, it is an offence for a person to fail to comply with an enforcement notice.
(9) In this regulation “operator” means any person who is responsible for the management of the aquaculture facility.
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