PART 3Enforcement, penalties and appeals
Enforcement notices17
1
The competent authority may serve an enforcement notice on any person whom it considers has failed to comply with Council Regulation 708/2007 or these Regulations.
2
The competent authority may serve an enforcement notice on an operator where it considers that aquatic organisms present in an aquaculture facility were introduced in contravention of Council Regulation 708/2007 or these Regulations or any condition of a permit or a notice issued under these Regulations.
3
An enforcement notice must—
a
be in writing;
b
state the matters which constitute the failure to comply or contravention;
c
state what, and by when, the person must do or refrain from doing;
d
state that there is the right of appeal under regulation 20;
e
state that the grounds for serving a notice of appeal under regulation 20(2) are those in regulation 21(1); and
f
state that a notice of appeal must be accompanied by the statement referred to in regulation 21(2).
4
In particular, an enforcement notice may require the person on whom it is served to—
a
remove and dispose of the aquatic organisms, at their own expense, in a manner and within the period specified in the notice;
b
take steps to ensure that the position is, so far as possible, restored to what it would have been prior to the contravention.
5
If an enforcement notice is not complied with, the competent authority may—
a
take such steps as it considers necessary (including the removal and disposal of the aquatic organisms)—
i
to ensure compliance with the requirements of the notice;
ii
to remedy the consequences of the failure to carry them out; and
b
recover any costs reasonably incurred in so doing from the person who has failed to comply with the enforcement notice.
6
The competent authority may remove and dispose of the aquatic organisms without serving an enforcement notice—
a
in an emergency; and
b
at the expense of the operator.
7
In this regulation, “operator” means any person who is responsible for the management of the aquaculture facility.