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The Nitrates Action Programme Regulations (Northern Ireland) 2010

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PART 7Enforcement

Enforcement

22.—(1) The enforcement authority for the purpose of compliance with these Regulations shall be the Department or any person authorised by the Department.

(2) In ensuring compliance with these Regulations an authorised person may have regard to the Code of Good Agricultural Practice and any guidance produced on these Regulations.

(3) A person authorised under Article 72 of the Order may exercise any of the functions under that Article to determine or ensure compliance with these Regulations.

Notices

23.—(1) Where the Department is of the opinion that the appropriate person is in breach or is likely to be in breach of these Regulations or has breached these Regulations in such circumstances which make it likely that the breach will continue or be repeated, the Department may serve a notice on that person in accordance with this regulation.

(2) A notice served in accordance with paragraph (1) shall—

(a)require the person upon whom it is served to carry out such works or to take such precautions and other steps as the Department specify in the notice as appropriate to remedy, or to prevent the continuation or repetition of, any breach to which the notice relates;

(b)state the period within which any such requirement is to be complied with; and

(c)inform the person on whom the notice is served of their right to appeal under paragraph (4).

(3) Subject to paragraph (4), the period for compliance stated in the notice pursuant to paragraph (2)(b) shall be such as is reasonable in the circumstances and shall not in any case be less than 28 days from the day on which the notice is served.

(4) A notice served pursuant to this regulation may be appealed in accordance with regulation 24.

(5) Where an appeal is brought under regulation 24, the notice shall be of no effect pending the final determination or the withdrawal of the appeal.

(6) The Department may at any time—

(a)withdraw the notice;

(b)extend the period for compliance; or

(c)with the consent of the person on whom the notice is served, modify any requirement of the notice.

Appeals against notices requiring works etc.

24.—(1) Any appropriate person upon whom a notice is served under regulation 23 may, within the period of 28 days from the day on which the notice is served, appeal against the notice to the Appeals Commission;

(2) Appeals under regulations 8(9), 9(10), 10(3)(d) and 23(4) shall be determined by the Appeals Commission in accordance with the procedure pursuant to Article 293 of the Water and Sewerage Services (Northern Ireland) Order 2006(1) and for the purposes of appeals under these Regulations references to the Department in Article 293 shall have the same meaning as under these Regulations.

Offences

25.—(1) It shall be an offence for the controller to fail to comply without reasonable excuse with regulation 4, 8(1), 9(3), 10(1), 10(6) or 10(7).

(2) It shall be an offence for the appropriate person to fail to comply without reasonable excuse with regulation 6(3), 6(4), 6(5), 7(2), 7(3), 7(6), 7(7), 7(8) or 13(3).

(3) It shall be an offence for the controller to fail to comply with regulation 8(2), 8(8), 9(1), 9(2), 9(9), 10(4), 10(5), 11(1), 11(3), 12, 15, 17, 19, 20 or 21.

(4) It shall be an offence for the appropriate person to fail to comply with regulation 6(1), 6(2), 7(1), 7(4), 7(5), 7(9), 7(10), 11(4), 13(1), 13(2), 13(4), 13(5), 14 or 18.

(5) It shall be an offence for the appropriate person to fail to comply without reasonable excuse with any requirement of a notice issued under regulation 23.

Penalties

26.  Any person guilty of an offence under regulation 25 shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum together with a fine of an amount equal to one-tenth of that level for each day upon which the offence continues after the conviction; or

(b)on conviction on indictment to a fine or to imprisonment for a term not exceeding 2 years or both.

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