PART 2Notices to improve or restore characteristics of bodies of water
Remedial measures notice3
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.