177J.—(1) Where the Board has received an application for substitute consent made in accordance with section 177E and is considering that application, it may give a draft direction in writing to the person who made the application requiring the person to cease within the period specified in the draft direction, all or part of his or her activity or operations on or at the site of the development the subject of the application, where the Board forms the opinion that the continuation of all or part of the activity or operations is likely to cause significant adverse effects on the environment or adverse effects on the integrity of a European site.

(2) The draft direction referred to in subsection (1) shall inform the applicant of the Board’s reasons for its opinion that the continuation of all or part of the activity or operations is likely to cause significant adverse effects on the environment or adverse effects on the integrity of a European site.

(3) The person to whom the draft direction is given may make a submission or observation to the Board in relation to the draft direction within 2 weeks of receipt of the draft direction.

(4) The Board shall consider any submission or observation submitted to it under subsection (3) and may do one of the following:

(a) give a direction to the applicant for substitute consent confirming the draft direction;

(b) give a direction to the applicant varying the draft direction;

(c) withdraw the draft direction,

and shall send a copy of the direction to the relevant planning authority, or inform the authority of its decision to withdraw the draft direction, as the case may be.

(5) A person who fails to comply with a direction given by the Board under subsection (4), within the time specified in the direction shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding €5,000, or to imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €12,600,000 or to imprisonment for a term not exceeding 2 years, or to both.

(6) Where a person is convicted of an offence referred to in subsection (5) and there is a continuation by him or her of the offence after his or her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable—

(a) on summary conviction, to a fine not exceeding €500 for each day on which the offence is so continued or to imprisonment for a term not exceeding 6 months, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 6 months, or

(b) on conviction on indictment, to a fine not exceeding €12,600 for each day on which the offence is so continued, or to imprisonment for a term not exceeding 2 years, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 2 years.]