Section 72: Prohibition notice

72. Prohibition notice (1) Where he is of the opinion that an enterprise or activity, or the manner in which the enterprise or activity is carried on, involves a serious pollution or an imminent risk of serious pollution of the environment, the Director may serve, or cause to be served, a prohibition notice on the person owning, or managing, or in charge of, or in control of the enterprise or activity. (2) A prohibition notice may be served whether or not— (a) the enterprise or activity, or the manner in which the enterprise or activity is carried on, constitutes a contravention of an environmental law; (b) there is in force in relation to that enterprise or activity, a licence, permit or approval issued under any environmental law or any other enactment; (c) there is before any Court of law or before a Judge sitting in Chambers any case involving the subject matter in relation to which a notice is being issued, unless the Court or Judge has issued an order preventing the Director from issuing the prohibition notice. (3) A prohibition notice shall— (a) state the Director’s opinion; (b) specify the serious pollution caused, or the risk of serious pollution involved, as well as the way in which the enterprise, activity, or the manner in which the enterprise or activity is carried on, is suspected to give rise to the risk; E12 – 45 [Issue 2] Environment Protection Act (c) specify the measures that shall be taken to eliminate the serious pollution caused, or the risk of pollution, and the period within which they shall be implemented; (d) specify— (i) the enterprise or activity, or any aspect of the enterprise or activity, that is prohibited from operation or performance; or (ii) any conditions subject to which the enterprise or activity may be resumed. (4) A prohibition notice shall not be a bar to prosecution for any offence, even if there are consultations with the person served with the notice. (5) Any person who fails to comply with a prohibition notice shall commit an offence.