Prospective
Fixed monetary penaltiesN.I.
83—(1) The Department may by regulations make provision about the imposition by it of fixed monetary penalties on reservoir managers of controlled reservoirs in relation to offences under this Act.
(2) Before making regulations under subsection (1), the Department must consult in accordance with section 90.
(3) A “fixed monetary penalty” is a requirement to pay to the Department a penalty of a specified amount (with payment attracting the results mentioned in paragraphs (a) and (b) of section 85(2)).
(4) Regulations made under subsection (1) must provide that—
(a)a fixed monetary penalty may be imposed only where the Department is satisfied beyond reasonable doubt that a reservoir manager has committed an offence under this Act,
(b)a fixed monetary penalty is to be imposed by notice served on the reservoir manager concerned,
(c)the amount of the penalty which may be imposed in relation to an offence may not exceed the maximum amount of the fine that may be imposed on summary conviction for the offence.
(5) For the purposes of this section, and section 84, “specified” means specified in regulations made under subsection (1).