17.—(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.