Other powers
Section 59 - Power to take remedial action
94.In circumstances where a licensable activity has been undertaken either without a licence or in a manner that breaches conditions of a licence, section 59 allows the Scottish Ministers to carry out any works that will protect the environment, protect human health, prevent interference with legitimate uses of the sea, limit the effects of the licensable activity, and restore the condition of any place affected. This power is not limited in use to those circumstances where the authority has issued a remediation notice.
Section 60 - Power to test and charge for testing certain substances
95.Section 60 allows the Scottish Ministers to carry out, on the request of any person, tests on substances for their effect on the marine environment and to recover the expenses of that testing. Tests can be carried out if a substance is to be used for treating fouling matter and in this context “fouling matter” means oil or chemicals, or algae or other living or dead organisms.
