This section specifies certain minimum requirements that must be included in any fixed monetary penalty regime.  In particular, when imposing the penalty, the Department must issue a notice of intent to the person setting out the information specified in subsection (3) of this section and provide the person with the opportunity to discharge liability by payment of a prescribed sum, which will be lower or equal to the amount of the penalty.  If the sum is not paid, a person may make representations and objections to the Department.  Having considered those representations, the Department will come to a decision on whether to impose a fixed monetary penalty (“final notice”) setting out the information specified in subsection (5).  A person on whom a final notice is served has a right of appeal.
Subsection (6) provides that an order allowing the Department to impose fixed monetary penalties must provide for the grounds for appeal set out in that subsection.
Commentary on Sections Part 3: Marine Protection Section 36: Fixed monetary penalties: procedure