Explanatory Notes

Marine and Coastal Access Act 2009

2009 CHAPTER 23

12th November 2009

Summary and Background

Part 4: Marine Licensing

Chapter 3: Enforcement
Civil sanctions
Section 95: Variable monetary penalties

293.This section enables the licensing authority by order to grant to the appropriate enforcement authority the power to issue a variable monetary penalty to a person in relation to an offence under this Part.

294.The appropriate enforcement authority is defined in section 115(1).

295.The appropriate enforcement authority may impose a variable monetary penalty only when satisfied beyond reasonable doubt that the person has committed the offence.

296.The enforcement authority will determine the amount of the variable monetary penalty on a case-by-case basis.