PART 4Enforcement and offences

Enforcement notices36

1

If the regulator considers that an operator has contravened, is contravening, or is likely to contravene an environmental permit condition, the regulator may serve a notice (an “enforcement notice”) on the operator under this regulation.

2

An enforcement notice must—

a

state the regulator’s view under paragraph (1);

b

specify the matters constituting the contravention or making a contravention likely;

c

specify the steps that must be taken to remedy the contravention or to ensure that the likely contravention does not occur; and

d

specify the period within which those steps must be taken.

3

Steps that may be specified in an enforcement notice include steps—

a

to make the operation of a regulated facility comply with the environmental permit conditions; and

b

to remedy the effects of pollution caused by the contravention.

4

The regulator may withdraw an enforcement notice at any time by further notice served on the operator.