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Water Environment and Water Services (Scotland) Act 2003

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Enforcement and offences

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11(1)Authorising regulators to serve on any persons carrying on controlled activities (whether or not the carrying on of those activities is authorised by or under the regulations) notices, including notices requiring them—

(a)to notify the controlled activities being carried on by them,

(b)to take preventive or remedial action at their own expense in respect of contraventions, actual or potential, of—

(i)in relation to activities being carried on under water use licences, any conditions to which the licences are subject,

(ii)in relation to activities being carried on subject to general binding rules, those rules,

(c)in relation to activities being carried on subject to registration, to take preventive or remedial action at their own expense where the activities are being carried on otherwise than as described in the registration,

(d)to provide such financial security as the regulators serving the notices consider appropriate pending the taking of preventive or remedial action required by virtue of paragraph (b) or (c),

(e)to take steps to remove imminent risks of serious adverse impacts on the status of the water environment (whether or not arising from any such contraventions),

(f)to stop the carrying on of controlled activities and to take such preventive or remedial action as may be specified in the notice.

(2)Providing for the enforcement of such notices by civil proceedings.

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