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Reservoirs (Scotland) Act 2011
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70Offence: failure to comply with notice under section 69(2)
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(1)Failure to comply with a notice by SEPA under section 69(2) is an offence.
(2)Where a reservoir manager has a right of review in accordance with an order made under section 69(7), non-compliance is an offence only if—
(a)the period within which an application for review may be made has expired, or
(b)where such an application has been made, it has been withdrawn or determined.
(3)Where a reservoir manager has a right of appeal in accordance with an order made under section 69(7), non-compliance is an offence only if—
(a)the period within which an appeal may be made has expired, or
(b)where such an appeal has been made, it has been withdrawn or determined.
(4)A reservoir manager guilty of an offence under subsection (1) is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a fine, or to both,
(b)on summary conviction to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.
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