194Secretary or Council may issue improvement notice or prohibition notice

194 Secretary or Council may issue improvement notice or prohibition notice (1) This section applies if the Secretary or a Council believes that a person— (a) has contravened a provision of this Act or the regulations administered by the Secretary or the Council in circumstances that make it likely that the contravention is continuing or will re-occur; or (b) is likely to contravene a provision of this Act or the regulations administered by the Secretary or the Council. (2) If this section applies, the Secretary or the Council, as the case requires, may issue to the person— (a) an improvement notice requiring the person to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention; or (b) a prohibition notice prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until the Secretary or the Council, as the case requires, has certified in writing that the contravention has ceased or that the likelihood of the contravention occurring has passed. (3) An improvement notice or a prohibition notice must— (a) state the grounds on which the issue of the improvement notice or prohibition notice is based; (b) specify the provision of this Act or the regulations that the Secretary or the Council, as the case requires, considers has been or is likely to be contravened; (c) specify the actions or measures that the person is required to take and the period within which the actions or measures are to be completed; (d) set out the penalty for contravening the improvement notice or prohibition notice; (e) state how the person may seek review of the issue of the improvement notice or prohibition notice; (f) include a statement as to the effect of section 195. (4) A person to whom an improvement notice or a prohibition notice is issued must comply with the improvement notice or prohibition notice.