If Scottish Forestry discovers that work is being carried out without consent (subject to Environmental Impact Assessment Regulations), or an applicant is breaching the terms of a previously granted consent, we may serve an Enforcement Notice to put things right.
The Enforcement Notice is a legal document. If a person on whom a notice has been served does not comply with the terms written in the Notice, this is an offence. They may on summary conviction be liable to a fine not exceeding £5,000.
It is also an offence if a person, for the purpose of procuring a particular decision on an EIA application:
- knowingly or recklessly makes a statement which is false or misleading within an application;
- intentionally deceives by using any document which is false or misleading; and
- intentionally deceives by withholding material information.
Who can be served an Enforcement Notice?
An Enforcement Notice can be served on:
- the person carrying out the work, possibly the contractor;
- the property owner; or
- any other people who have sufficient interest in the property (allowing them to carry out the work without the need to get permission from anyone else)
When an Enforcement Notice can be served
Scottish Forestry can serve an Enforcement Notice when they discover that a person:
- is carrying out or has carried out work where consent would be required, or
- is in breach of a condition of a consent already given.
What the Enforcement Notice specifies
The Enforcement Notice requires a person to take one or more of the following measures:
- apply to Scottish Forestry for consent;
- restore the land to the condition it was in before any work on the relevant project was carried out;
- carry out any work on the land that is reasonably necessary to ensure the terms of the consent are complied with;
- remove or alleviate any damage or injury to the environment that has been caused by the relevant project; or
- stop the work in relation to the relevant project.
Period of the notice
The notice can specify the period during which any of the first four measures specified in the above list must be taken. Different periods can be specified for different measures. The notice to stop work will be with immediate effect.