C1C2C3C4Part 4Marine licensing

Annotations:

Chapter 5Supplementary

Stop notices and emergency safety notices

I1102Notice to stop activity causing serious harm etc

1

If it appears to an enforcement authority that subsections (3) and (4) are satisfied in relation to a person carrying on an activity in its area, it may issue a stop notice to that person.

2

A stop notice is a notice prohibiting a person from carrying on an activity specified in the notice.

3

This subsection is satisfied if a person is carrying on, or is likely to carry on, a licensable marine activity (whether or not in accordance with a marine licence).

4

This subsection is satisfied if the carrying on of the activity to be specified in the notice—

a

is causing, or is likely to cause, any of the effects in subsection (5), or

b

is creating, or is likely to create, an imminent risk of any of those effects.

5

The effects are—

a

serious harm to the environment;

b

serious harm to human health;

c

serious interference with legitimate uses of the sea.

6

A stop notice (in addition to specifying the activity to which it relates)—

a

must state the enforcement authority's grounds for believing that subsections (3) and (4) are satisfied;

b

must state the date and time from which the prohibition is to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case);

c

may require the person to take such steps as the authority considers appropriate to ensure that the cessation of the activity takes place safely.

7

Except in a case falling within subsection (9), a stop notice—

a

ceases to have effect at the end of the period of 7 days (or such shorter period as may be specified in the notice) beginning with the date on which the prohibition takes effect, but

b

may be renewed for a period specified in a further notice.

8

A stop notice may be renewed more than once under subsection (7)(b), but not so that it has effect for an aggregate period exceeding 35 days.

9

If a stop notice relating to a licensable marine activity is issued to a person who does not hold a marine licence authorising that activity, the stop notice may remain in force until such time (if any) as such a licence is granted to that person.

I2103Further provision as to stop notices

1

Any stop notice issued by an enforcement authority—

a

must be served on any person carrying on, or in control of, the activity to which the notice relates, and

b

if a marine licence has been granted in relation to that activity, may also be served on the licensee.

2

An enforcement authority may by a further notice—

a

revoke a stop notice;

b

vary a stop notice so as to substitute a later date for the date specified in accordance with section 102(6)(b).

3

A person who fails to comply with a stop notice commits an offence.

4

A person guilty of an offence under subsection (3) is liable—

a

on summary conviction, to F1a fine not exceeding £50,000F1a fine;

b

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

I3104Emergency safety notices

1

This section applies if it appears to an enforcement authority that serious interference with legitimate uses of the sea is occurring, or is likely to occur, in its area as a result of—

a

any works for the carrying out of which a marine licence is or was needed, or

b

any substantial and unforeseen change in the state or position of any such works.

2

The enforcement authority may issue a notice (an “emergency safety notice”) to any person who is in control of the works to which the notice relates.

3

By issuing an emergency safety notice to a person, the enforcement authority imposes on that person such requirements as are prescribed in the notice with respect to any of the matters specified in subsection (4).

4

Those matters are—

a

the provision of lights, signals or other aids to navigation;

b

the stationing of guard ships.

5

An emergency safety notice (in addition to specifying the requirements which it imposes)—

a

must state the enforcement authority's grounds for believing that serious interference with legitimate uses of the sea is occurring or is likely to occur,

b

must state the date and time from which the requirements are to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case), and

c

may require the person to take such steps as the authority considers appropriate to ensure that compliance with the requirements takes place safely.

I4105Further provision as to emergency safety notices

1

An emergency safety notice issued by an enforcement authority must be served on each of the following—

a

if a marine licence has been granted authorising the carrying out of the works, the licensee,

b

if there is in effect a stop notice which relates to the works, any person on whom the stop notice was served.

2

An enforcement authority may by a further notice—

a

revoke an emergency safety notice;

b

vary an emergency safety notice so as to substitute a later date for the date specified in accordance with section 104(5)(b).

3

A person who fails to comply with an emergency safety notice commits an offence.

4

A person guilty of an offence under subsection (3) is liable—

a

on summary conviction, to F2a fine not exceeding £50,000F2a fine;

b

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.