Summary and Background Part 4: Marine Licensing Civil sanctions Section 94: Fixed monetary penalties: procedure
292.This section specifies certain minimum requirements that the licensing authority must ensure that any fixed monetary penalty regime includes. In particular, when imposing the penalty the enforcing authority must be required to issue a notice of intent to the person setting out the information specified in subsection (3), and providing the person with an opportunity to discharge the liability by payment of a prescribed sum. Alternatively a person may make representations, in accordance with subsection (2)(c)(i). The authority may decide to impose a fixed monetary penalty by a “final notice” which must contain the information specified in subsection (5). A person on whom a final notice is served has a right of appeal. Subsection (6) states the minimum grounds for appeal that must be available.