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Stop notices

22.—(1) Where it appears to the Department that an offence has been committed under regulation 19, 20 or 21 and it considers that the potential harm to the environment of any activity to which the offence relates is such that the work should cease with immediate effect, it may serve a notice (in this regulation referred to as a “stop notice”) prohibiting all or any part of such work.

(2) The Department may serve a stop notice on any person who appears to it to have an interest in the relevant land or to be engaged in any activity prohibited by the notice.

(3) The Department may at any time withdraw a stop notice (without prejudice to its power to serve another) by serving notice to that effect on those persons served with the stop notice.

(4) A stop notice shall take effect no earlier than the time and date specified in the notice which, except in an emergency, shall not be less than twenty-four hours after it has been served.

(5) A stop notice shall cease to have effect if—

(a)a notice of withdrawal is served in accordance with paragraph (3);

(b)the Department (or a person appointed by it to determine an appeal) grants consent for the prohibited work; or

(c)if the Department (or a person appointed by it to determine an appeal) decides that the prohibited work is not a relevant project.