Part 4Marine licensing
Chapter 5Supplementary
Stop notices and emergency safety notices
102Notice 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.