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The Water Environment (Remedial Measures) (Scotland) Regulations 2016

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Remedial measures notice

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3.—(1) SEPA may serve a remedial measures notice on an appropriate person requiring that person to undertake such remedial measures as may be specified in the notice.

(2) SEPA may serve the notice only if it is satisfied that—

(a)the appropriate person owns, manages, maintains or is otherwise responsible for an artificial structure which, by virtue of its impact on the hydromorphological characteristics of a body of water, is likely to prevent or delay the achievement of an environmental objective;

(b)it is necessary or expedient to require the appropriate person to undertake the remedial measures for the purposes of facilitating the achievement of that objective; and

(c)the measures specified in the notice are necessary and proportionate for those purposes.

(3) The notice may be served on more than one appropriate person.

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