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.