Environment (Miscellaneous Provisions) Act 2011

28.

Amendment of section 157 of Act of 2000.

28.— Subsection (4) of section 157 of the Act of 2000 is amended by inserting the following paragraphs after paragraph ( a):

“( aa) Notwithstanding paragraph ( a) a warning letter or enforcement notice may issue at any time or proceedings for an offence under this Part may commence at any time in respect of unauthorised quarry development or unauthorised peat extraction development in the following circumstances:

(i) where no permission for the development has been granted under Part III and the development commenced not more than 7 years prior to the date on which this paragraph comes into operation;

(ii) where permission for the development has been granted under Part III and, as respects the permission—

(I) the appropriate period (within the meaning of section 40), or

(II) the appropriate period as extended under section 42 or 42A,

expired not more than 7 years prior to the date on which this paragraph comes into operation.

( ab) Notwithstanding paragraph ( a) or ( aa) a warning letter or enforcement notice may issue at any time to require any unauthorised quarry development or unauthorised peat extraction development to cease and proceedings for an offence under section 154 may issue at any time in relation to an enforcement notice so issued.”.