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S.L. 423.32 · Borehole Drilling And Excavation Works (S.L. 423.32)

S.L. 423.32 Art. 13Enforcement orders.

In KraftAmtlicher Text

(1) Without prejudice to regulation 11, where the

Authority is satisfied that -

(a) a permit holder is contravening any condition of the permit; or

(b) a permit holder is contravening any requirement imposed by law; or

(c) any person is carrying out any activity referred to in these regulations without being authorised to do so by the Authority, the Authority may issue an enforcement order taking such measures as are requisite for the purpose of securing compliance with the conditions or requirements, as the case may be, or to cease such unauthorised activity.

(2) An enforcement order mentioned in sub-regulation (1):

(a) shall require the person to do, or not to do, such things as are specified in the order, or are of a description so specified, including but not necessarily limited to:

(i) cessation of drilling of the borehole or of the excavation works;

(ii) permanent backfilling of the borehole or excavation works;

(iii) sealing of the borehole or excavation works;

(b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order;

(c) shall be published in such a manner as the Authority considers appropriate for the purpose of bringing the matters to which it refers, to the attention of persons likely to be affected by it;

(d) may be revoked at any time by the Authority.