Chemicals Act 2008
15.— (1) An inspector who is of the opinion that a person—
(a) is contravening or has contravened any of the provisions of the relevant chemicals statutory provisions, or
F23[(b) has failed to comply with a direction under section 14, ]
F24[(c) has submitted a plan in relation to which an inspector has confirmed by notice under section 14(4) that he or she is not satisfied that the plan is adequate, or
(d) has failed to implement the plan, ]
may serve a notice (in this Act referred to as a “contravention notice”) on the person who has or may reasonably be presumed to have control of the activity concerned.
(2) A contravention notice shall—
(a) state that the inspector is of the opinion referred to in subsection (1),
(b) state the reason for that opinion,
(c) identify the relevant chemicals statutory provision in respect of which that opinion is held,
(d) direct the person to—
(i) remedy the contravention or the matters occasioning that notice, or
(ii) remove a chemical from the market, as provided for in section 12(1)(u),
by a date specified in the notice that shall not be earlier than the end of the period within which an appeal may be made under subsection (6),
(e) include information regarding the making of an appeal under subsections (6) and (7),
(f) include any other requirement that the inspector considers appropriate, and
(g) be signed and dated by the inspector.
(3) A contravention notice may include directions—
(a) as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and
(b) to bring the notice to the attention of any person who may be affected by it, or to the public generally.
(4) A person on whom a contravention notice has been served who is of the opinion that the contravention notice has been complied with shall confirm in writing to the inspector that the matters referred to in the notice have been so remedied.
(5) Where a person on whom a contravention notice has been served confirms in writing to the inspector in accordance with subsection (4) that the matters referred to in the contravention notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give notice to the person concerned of compliance with the contravention notice.
(6) A person aggrieved by a contravention notice may, within 14 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served in and, in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
(7) A person who appeals under subsection (6) shall at the same time notify the relevant national authority of the appeal and the grounds for the appeal and that national authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
(8) Where an appeal under subsection (6) is taken, and the contravention notice is not cancelled, the notice shall take effect on the later of—
(a) the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn, or
(b) the day specified in the notice.
(9) Where there is no appeal under subsection (6), the contravention notice shall take effect on the later of—
(a) the end of the period for making an appeal, or
(b) the day specified in the notice.
(10) An inspector may—
(a) withdraw a contravention notice at any time, or
(b) where no appeal is made or pending under subsection (6), extend the period specified under subsection (2)(d).
Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 7(a), S.I. No. 591 of 2010.
Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 7(b), S.I. No. 591 of 2010.