PART 6CIVIL ENFORCEMENT, EMERGENCY POWERS AND FURTHER OFFENCES

Stop notices

78Stop notices: content and procedure

1

Regulations made under section 77(1) must secure the results in subsection (2) in a case where a stop notice is served.

2

The results are that—

a

the stop notice must include information as to the matters specified in subsection (3),

b

the reservoir manager on whom the notice is served may appeal to the Water Appeals Commission against the decision to serve it,

c

where, after serving the stop notice, the Department is satisfied that the manager has taken the steps specified in the notice, the Department must give a certificate to that effect (a “completion certificate”),

d

the stop notice ceases to have effect on the giving of a completion certificate,

e

the reservoir manager on whom the stop notice is served may at any time apply for a completion certificate,

f

the Department must make a decision as to whether to give a completion certificate before the end of the period of 14 days beginning with the day on which the application for the certificate is made,

g

the reservoir manager on whom the stop notice is served may appeal to the Water Appeals Commission against a decision not to give a completion certificate,

h

a stop notice in respect of which an appeal referred to in paragraph (b) or (g) is made continues to have effect pending a decision being made in the appeal.

3

The matters referred to in subsection (2)(a) are—

a

the grounds for serving the stop notice,

b

rights of appeal,

c

the consequences of non-compliance with the stop notice.

4

Provision pursuant to subsection (2)(b) must—

a

secure that the grounds on which a reservoir manager may appeal against a decision of the Department to serve a stop notice include that—

i

the decision was based on an error of fact,

ii

the decision was wrong in law,

iii

the decision was unreasonable,

iv

any step specified in the notice is unreasonable,

b

secure that the Commission may confirm, quash or vary the decision.

5

Provision pursuant to subsection (2)(g) must—

a

secure that the grounds on which a reservoir manager may appeal against a decision of the Department not to give a completion certificate include that—

i

the decision was based on an error of fact,

ii

the decision was wrong in law,

iii

the decision was unreasonable,

b

secure that the Commission may confirm or quash the decision.