Section 104 Breach of terms of infrastructure consent orderI1 I2

England and Wales

(1)

A person commits an offence if, without reasonable excuse, the person—

(a)

carries out, or causes to be carried out, development in breach of the terms of an infrastructure consent order, or

(b)

otherwise fails to comply with the terms of an infrastructure consent order.

(2)

Subsection (1) is subject to section 83(3).

(3)

In proceedings against a person for an offence under this section it is a defence for the person to prove that—

(a)

the breach or failure to comply occurred only because of an error in the order, and

(b)

the error has been corrected under section 87.

(4)

A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

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