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Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006

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Enforcement notices

20.—(1) This regulation applies where it appears to the Department—

(a)that a condition of an authorisation has not been, is not being, or is likely not to be, complied with; or

(b)that a person has carried on, is carrying on, or is likely to carry on a controlled activity that is not authorised under these Regulations and which in the opinion of the Department has had, is having or is likely to have a significant adverse impact on the water environment.

(2) Where this regulation applies the Department may, without prejudice to any proceedings under regulation 25, serve a notice specifying—

(a)the activity;

(b)in a case to which paragraph (1)(a) relates—

(i)the condition of the authorisation that has not been, is not being or is not likely to be, complied with; and

(ii)the steps that must be taken to remedy the non-compliance or as the case may be to prevent the anticipated non-compliance from occurring; and

(c)in a case to which paragraph (1)(b) relates—

(i)the adverse impact or the likely adverse impact on the water environment; and

(ii)the steps that must be taken to remedy the adverse impact or as the case may be to prevent the anticipated adverse impact from occurring.

(3) The steps referred to in paragraph (2)(b)(ii) may include the cessation of, or as the case may be a prohibition on the commencement of, the controlled activity to which the notice relates for such period as the Department considers necessary or appropriate.

(4) The steps referred to in paragraph (2)(c)(ii) shall include the cessation of, or as the case may be a prohibition on the commencement of, the controlled activity to which the notice relates.

(5) A notice under paragraph (2) shall specify the period at the end of which any steps required to have been taken or any activities are required to have ceased and may specify different periods for different steps or activities.

(6) Where a notice under paragraph (2) relates to—

(a)an unauthorised controlled activity; or

(b)a permitted controlled activity

it shall be served on the operator of that activity and in all other cases it shall be served on the holder of the licence.

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