Part 4Marine licensing

Chapter 3Enforcement

Enforcement notices

90Compliance notice

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.