Power of court to order offence to be remedied
28.—(1) Where—
(a)a person is convicted of an offence under regulation 25(1)(a), (b) or (e) in respect of any controlled activity which has had a significant adverse impact on the water environment; and
(b)it appears to the court that it is in the power of that person to mitigate or remedy that adverse impact,
the court may in addition to or instead of imposing any punishment, order that person within such time as may be fixed by the order of the court to take such steps as may be specified in that order for mitigating or remedying the adverse impact.
(2) Before making such an order, the court shall have regard to any representations by the Department as to the steps required to mitigate or remedy the adverse impact.
(3) The time fixed by an order of the court under paragraph (1) may be extended or further extended by an order of the court on an application made before the end of the time originally fixed or extended under this paragraph.