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Reservoirs (Scotland) Act 2011

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This is the original version (as it was originally enacted).

73Stop notices
This section has no associated Explanatory Notes

(1)The Scottish Ministers may by order make provision as to the giving by SEPA of stop notices to reservoir managers of controlled reservoirs.

(2)Before making an order under subsection (1), the Scottish Ministers must consult in accordance with section 86.

(3)A stop notice is a notice prohibiting a reservoir manager of a controlled reservoir from carrying on an activity specified in the notice until the manager has taken the steps specified in the notice.

(4)Provision under subsection (1) may confer power to give a stop notice only in relation to a case where the reservoir manager is carrying on the activity and either—

(a)SEPA reasonably believes that the activity as carried on by the manager presents a significant risk of causing an uncontrolled release of water from the reservoir, or

(b)SEPA reasonably believes that the activity as carried on involves or is likely to involve the commission of an offence under this Part.

(5)Where provision under subsection (1) confers power to give a stop notice in a case falling within subsection (4)(a)—

(a)SEPA must, before it exercises the power—

(i)at its own expense appoint an engineer who is a member of a panel of reservoir engineers established under section 27 who may (by virtue of an order under that section) be appointed under this subsection, and

(ii)take into account recommendations made by that engineer about the stop notice,

(b)the steps specified in any such stop notice in pursuance of subsection (3) must be steps to remove or reduce the risk referred to in subsection (4)(a),

(c)SEPA must give the Scottish Ministers notice of each occasion on which it exercises the power as soon as reasonably practicable after doing so.

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