SCHEDULES

SCHEDULE 3Sustainable Drainage

14Enforcement

1

The Minister shall by order provide for the enforcement of the requirement for approval in paragraph 7(1).

2

An order may, in particular, make provision about cases where—

a

construction is commenced without a drainage system having been approved,

b

conditions of approval are breached, or

c

construction does not conform to the approved proposals.

3

An order may, in particular, provide for—

a

notices (including enforcement notices, stop notices, temporary notice and breach of condition notices),

b

applications to a court or tribunal,

c

powers (including (i) discretionary powers conferred on the Minister or specified authorities, (ii) powers of entry, (iii) powers of inspection, and (iv) powers to undertake and charge for remedial work),

d

offences of failure to comply with the regulations or notices under them,

e

financial penalties,

f

rights of appeal, and

g

compensation.

4

An order may apply (with or without modification) or make provision similar to a provision of the Town and Country Planning Act 1990.

5

An order—

a

may not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament, and

b

may not be made by the Welsh Ministers unless a draft has been laid before and approved by resolution of the National Assembly for Wales.