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Marine (Scotland) Act 2010

Section 55 - Notice to stop activity causing serious harm etc.

84.Section 55 allows the Scottish Ministers to issue a notice to a person prohibiting them from carrying on a licensable marine activity if that activity is causing or will cause serious harm to the environment or human health or is causing or will cause serious interference with legitimate uses of the sea. Such a notice is called a “stop notice”.

85.The Scottish Ministers can issue a stop notice regardless of whether the person has a marine licence or not and (if they have a licence) regardless of whether they are operating in accordance with the licence conditions.

86.A stop notice must state the Scottish Ministers’ reasons for issuing the notice, the date and time that the activity must cease being carried out and any steps required by the Scottish Ministers to ensure safe cessation.

87.An initial stop notice can be in effect for up to seven days. The stop notice may be extended but only up to a combined total period of 35 days.

88.This limit does not apply where an activity is being carried out without a marine licence. In such cases, stop notices can remain in effect until a marine licence is granted for the activity in question.

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