Section 161D Consequences of not complying with a works notice.F1C1C2
England and Wales
If a person on whom the F2appropriate agency serves a works notice fails to comply with any of the requirements of the notice, he shall be guilty of an offence.
A person who commits an offence under subsection (1) above shall be liable—
on summary conviction, to imprisonment for a term not exceeding three months or to F3a fine or to both;
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.
If a person on whom a works notice has been served fails to comply with any of the requirements of the notice, the appropriate agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the appropriate agency in doing it.
If the appropriate agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, the appropriate agency may take proceedings in the High Court for the purpose of securing compliance with the notice.
In this section “works notice” means a works notice under section 161A above.
Annotations
Textual amendments
- F1
Ss. 161A-161D inserted (21.9.1995 for specified purposes, 16.3.1999 for other specified purposes and otherwise 29.4.1999) by 1995 c. 25, s. 120, Sch. 22 para. 162 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3; S.I. 1999/803, art. 2; S.I. 1999/1301, art. 2
- F2
Words in ss. 161D-164 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 283 (with Sch. 7)
- F3
Words in s. 161D(2)(a) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 24(5) (with reg. 5(1))
Modifications
- C1
Ss. 161-161D modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)
- C2
Ss. 161-161D modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 Pt. 7 paras. 1(3), 2 (with regs. 1(3), 77-79, Sch. 4)
Notes on Part VII
Modifications
- C1
Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Notes on Chapter I
Textual amendments
- F1
Words in Pt. 7 Ch. 1 heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 277 (with Sch. 7)
Notes on Restoration and improvement works for controlled waters
Textual amendments
- F1
Ss. 161-161AB substituted for s. 161 (22.12.2009) by Water Resources Act 1991 (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/3104), regs. 1(c), 5 (with reg. 7)