The Marine Conservation (Fixed Monetary Penalties) Order (Northern Ireland) 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides the Department of the Environment with the powers to apply fixed monetary penalties on persons who have contravened byelaws made under section 26 of the Marine Act (Northern Ireland) 2013 c. 10 (the Act).

Part 1 of this Order contains introductory provisions and definitions (see section 41 of the Act for further relevant definitions).

Part 2 contains provisions relating to fixed monetary penalties. Article 3 confers the power on the Department to impose such a penalty and sets the amounts. Article 4 defines the information that must be included in a notice of intent. Article 5 allows for a discount of 50% of the monetary penalty, if paid within 28 days of the date on which the notice of intent was served. Article 6 enables a person to make representations and objections to the Department before the decision to issue a final notice is made. Article 7 requires the Department to take cognisance of those representations and objections, and specifies the information that must be included in the final notice, should it be issued. Article 8 allows for a discount of 50% of the monetary penalty, if paid within 28 days of the date on which the final notice was served. Article 9 specifies when late payment penalties can be applied. Article 10 indicates where other sanctions may not be applied should the Department apply a fixed monetary penalty.

Part 3 contains provisions for making an appeal. Article 11 specifies the grounds under which an appeal may be made to the Appeals Commission. Article 12 identifies the appeals body and the legislation which sets its procedures. Article 13 defines the powers of the Appeals Commission, the procedures to be applied should a person make an appeal and the time limit for making an appeal.

Part 4 contains provisions on guidance and publication of enforcement action. Article 14 requires the Department to publish guidance on the application of fixed monetary penalties and defines the information that must be included in that guidance. Article 15 requires the Department to publish reports from time to time on the enforcement action it has taken regarding the use of fixed monetary penalties. The Article also allows the Department to refrain from publishing information where it considers it inappropriate to do so.

Part 5 contains general provisions. Article 16 enables the Department to recover unpaid monetary penalties as a civil debt. Article 17 requires all payments to the Department under the fixed monetary penalties regime to be paid to the Northern Ireland Consolidated Fund. Article 18 enables the Department at any time to withdraw the final notice, reduce the amount payable or amend the notice to correct an error. Article 19 defines how the Department may serve a notice and Article 20 amends Article 293(9) of the Water and Sewerage Services (NI) Order 2006 so that the Appeals Commission has the final decision on an appeal made under the Articles of this Order.