C1C2C3C4C5C6C7C8Part 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.