The Anti-Pollution Works (Scotland) Regulations 2003

Content of works notices

3.  A works notice shall–

(a) in any case where it appears to SEPA that any poisonous, noxious or polluting matter or any solid waste matter is likely to enter any controlled waters, describe the matter concerned, and the nature of the risk to controlled waters, identifying the controlled waters which may be affected and the place from which the matter in question is likely to enter those waters;

(b) in any case where it appears to SEPA that any poisonous, noxious or polluting matter or any solid waste matter is or has been present in any controlled waters, describe the nature and extent of the matter concerned, identifying the controlled waters affected by it;

(c) specify the works or operations required to be carried out by the person on whom the notice is served, stating that person’s name and address;

(d) give SEPA’s reasons for serving the notice on that person and for requiring those works or operations to be carried out;

(e) inform the person on whom the notice is served of that person’s right of appeal under section 46C of the Act (including the time period within which an appeal must be made) and of the requirements imposed by regulation 4 in relation to its exercise;

(f) state that SEPA is entitled, at any time, to withdraw the notice, extend the period for compliance with any requirement of the notice and with the consent of the person on whom the notice is served, modify any requirement of the notice;

(g) state that SEPA is entitled (unless the notice is quashed or withdrawn) to recover from the person on whom the notice is served its costs or expenses reasonably incurred in carrying out such investigations as are mentioned in section 46(1A)(1) of the Act; and

(h) set out the contents of section 46D(1) to (4) of the Act (consequences of not complying with a works notice).

(1)

Section 46(1A) was inserted by paragraph 29(21)(b), Schedule 22 to the Environment Act 1995.