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Reservoirs (Scotland) Act 2011

Reservoirs (Scotland) Act 2011

2011 asp 9

The Act – Section by Section

Part 1 – Reservoirs

Chapter 9 – Civil Enforcement, Emergency Powers and Further Offences
Section 85 – Further enforcement measures: enforcement

120.This section enables an order under section 81(1) to allow SEPA to charge a reservoir manager a financial penalty if there is a case of non-compliance with a restraint notice, restoration notice or further enforcement undertaking. Subsection (2) details the conditions under which such a penalty may be issued. Subsection (3) requires the non-compliance penalty to be imposed by notice and that the reservoir manager can appeal to the Scottish Ministers against the notice and subsection (4) sets out the grounds for appeal against such a penalty by a reservoir manager.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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