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The Nutrient Action Programme Regulations (Northern Ireland) 2019
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- Northern Ireland Statutory Rules
- 2019 No. 81
- PART 7
- Regulation 30
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30.—(1) The Department may serve notice on any appropriate person—
(a)who has custody or control of slurry, or any crop which is being made into silage, or of any silage, in circumstances in which these Regulations apply, requiring that person to carry out such works, take such precautions or take such other steps as are specified in the notice and which, in the opinion of the Department, are appropriate, having regard to any requirements of these Regulations in relation to that substance, for reducing to a minimum any significant risk of pollution of water in a waterway or underground strata arising from the custody or control of that substance; or
(b)where the Department is of the opinion that the appropriate person is in breach or is likely to be in breach of these Regulations.
(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 specifies in the notice as appropriate to reduce to a minimum any significant risk of pollution of water in a waterway or underground strata arising from the custody or control of slurry, or any crop which is being made into silage, or of any silage, or to prevent any breach, to remedy any breach or to prevent the continuation or reception of any breach to which the notice relates;
(b)subject to paragraph (3) 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 in accordance with the procedure set out in regulation 31.
(3) 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) Where an appeal is brought under regulation 31, the notice shall be of no effect pending the final determination or the withdrawal of the appeal.
(5) 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.
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