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Marine and Coastal Access Act 2009

Status:

This is the original version (as it was originally enacted).

90Compliance notice
This section has no associated Explanatory Notes

(1)If it appears to an enforcement authority that subsections (3) and (4) are satisfied in relation to a person carrying on an activity in its area, it 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 (5)(b)) as are specified in it.

(3)This subsection is satisfied if a person holding a marine licence—

(a)has carried on, or is carrying on, a licensable marine activity under that licence, and

(b)in carrying on that activity has failed, or is failing, to comply with a condition of the licence.

(4)This subsection is satisfied if the carrying on of the activity has not caused, and is not likely to cause, any of the following—

(a)serious harm to the environment;

(b)serious harm to human health;

(c)serious interference with legitimate uses of the sea.

(5)A compliance notice must—

(a)state the enforcement authority’s grounds for believing that subsections (3) and (4) are satisfied;

(b)require the person to take such steps as the authority considers 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.

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