Enforcement of regulatory controls

(1) If it appears to the Authority that, (a) any water has been or is being abstracted and used, or any works instrumental thereto have been or are being constructed, or altered, without a valid licence under this Act; (b) any borings have been or are being carried out for the purpose of searching for ground water, without a written consent under this Act; or (c) any condition subject to which a licence or consent to carry out any of the activities referred to in paragraphs (a) or (b) (hereinafter referred to as “water-related activities”) have not been or are not being complied with, the Authority may, pursuant to this section, serve on a person described in subsection (2) of this section a notice (hereinafter referred to as an “enforcement notice”). (2) The person referred to in subsection (1) of this section is a person, (a) who appears to have carried out or is carrying out an activity in respect of which a licence or consent is required under this Act, without a valid licence or consent; or (b) who appears to have failed to comply with any of the conditions subject to which the licence or consent has been granted, which ever is appropriate in any particular case. National Integrated 66 (3) The Authority shall specify in a notice reserved under subsection (1) of this section, (a) the water-related activity which is alleged to have been carried out without a valid licence or consent as aforesaid or, as the case may be, the matter in respect of which it is alleged that any such conditions as foresaid have not been complied with; and (b) the period within which an appeal against its decision may be made pursuant to subsection (6) of this section, and subject to subsection (4) of this section, may require such steps as may be specified in the notice to be taken within such period as may be so specified for restoring the land and the waters to their condition before the water-related activity took place, or for securing compliance with the conditions, as the case may be, and in particular may, for the purpose aforesaid, require the demolition or alteration of any works, the discontinuance of any use of the waters or the carrying out on land or any operations. (4) The Authority may, in the notice, order the immediate cessation of the offending action if it is of the opinion that the circumstances giving rise to the notice are such as to warrant an order to that effect. (5) If any person on whom an enforcement notice is served under this section is aggrieved by the notice, he may at any time within the period specified in the notice appeal against the notice to the Magistrate’s Court for the district in which the water-related activity to which the notice relates takes or took place; and on any such appeal the Court in a summary manner, National Integrated 67 (a) if satisfied that permission was granted under this Act for the water-related activity to which the notice relates, or that no such permission was required in respect thereof or that the conditions subject to which such permission was granted have been complied with, shall quash the notice to which the appeal relates; (b) if not so satisfied, but satisfied that the requirements of the notice exceed what is necessary for restoring the land and the waters to their conditions before the water- related activity took place, or for securing compliance with the conditions, as the case may be, shall vary the notice accordingly; (c) in any other case, shall dismiss the appeal, Provided that where the enforcement notice is varied or the appeal is dismissed the Court may, if it thinks fit, direct that the enforcement notice shall not take effect until such date (not being later than twenty-one days from the determination of the appeal) as the Court may think fit. (6) Where an appeal is made against an enforcement notice in which the cessation of the offending activity is ordered, the notice shall remain in effect pending the final determination or withdrawal of the appeal. (7) Any person aggrieved by a decision of a Magistrate under subsection (5) of this section may appeal against that decision to the Supreme Court.