Part 4A

Works detrimental to navigation

Emergency safety requirements

Failure to comply with condition: immediate action notice
82H
1
This section applies where—
a
a consent under section 82A(1) has been given subject to conditions,
b
a person falling within subsection (2) fails to comply with a condition, and
c
it appears to the Secretary of State that any danger to navigation has arisen by reason of the failure to comply with the condition.
2
The persons are—
a
the consent holder;
b
any person bound by the condition by virtue of section 82D(3).
3
If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “immediate action notice”) on the person, imposing on the person one or more specified requirements falling within subsection (4).
4
The requirements are—
a
a requirement to comply with the condition;
b
a requirement to take any specified action or actions to remedy the failure to comply with the condition.
5
Subsections (1) to (6) of section 82G apply in relation to a person and an immediate action notice as they apply in relation to the consent holder and an emergency safety notice.
6
In this section “
specified
” means specified in the immediate action notice.
Pt. 4A inserted (12.11.2009 for specified purposes, 6.4.2011 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 314(1), 324(1)(c), 324(1)(d); S.I. 2011/556, art. 3(2)(c)