Paragraph 3 Enforcement notices

(1)

The F1Scottish Ministers may serve an enforcement notice on a person who is carrying out, or has carried out, work in connection with a forestry project, where it appears to them that the forestry project is an EIA forestry project and that the work is being, or has been, carried out—

(a)

without EIA consent, where such consent is required by virtue of regulation 3(1); or

(b)

(where EIA consent has been granted) in breach of a condition subject to which the EIA consent was granted.

(2)

An enforcement notice may require the notified person to take one or more of the following measures:—

(a)

apply to the Scottish Ministers for EIA consent;

(b)

discontinue work in relation to the EIA forestry project;

(c)

restore the land to its condition before any work in relation to the EIA forestry project was carried out;

(d)

carry out on the land any works or operations specified in the enforcement notice which the Scottish Ministers reasonably consider to be necessary in order to—

(i)

secure compliance with a condition, subject to which EIA consent was granted; or

(ii)

prevent, reduce or off-set any significant adverse effects on the environment as a result of the EIA forestry project.

(3)

An enforcement notice must specify the time period during which any of the measures in sub-paragraph (2)(a), (c) or (d) must be taken and may specify different time periods for different measures.

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Where an enforcement notice is served pursuant to sub-paragraph (1)(a), the Scottish Ministers must F3... serve the notified person with a written statement of their reasons for considering that the forestry project is an EIA forestry project either—

(a)

in, or accompanying, the enforcement notice; or

(b)

separately but as soon as practicable after service of the enforcement notice.

(6)

The Scottish Ministers may, at any time—

(a)

withdraw an enforcement notice; or

(b)

vary an enforcement notice by means of a further notice served on the notified person.

Annotations

Textual amendments

F1: Words in sch. 4 para. 3 substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(36)(c)(i) (with reg. 13)
F2: Sch. 4 para. 3(4) omitted (18.3.2021) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(36)(c)(ii) (with reg. 13)
F3: Words in sch. 4 para. 3(5) omitted (18.3.2021) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(36)(c)(iii) (with reg. 13)