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Environmental Liability Directive: 2nd Consultation

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12. Offences and penalties

Chapter 12 sets out the offences and penalties under the Regulations.

12.1 There are offences for:

  • Failing to take immediate action to prevent an imminent threat of environmental damage or to notify the authority of it;
  • Failing to act as required to prevent damage, or to act in the manner required by the competent authority;
  • Failing to comply to provide further information about the imminent threat or incident;
  • Failing to notify the occurrence of damage;
  • Failing to take all practicable steps to limit or prevent further damage, adverse effects on human health or further impairment of services; comply with a remediation notice;
  • Failure to take the necessary remedial measures, or to take the steps required by the competent authority in carrying out these measures; and
  • Failing to provide relevant information.

12.2 A person guilty of an offence under these Regulations is liable:

  • on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months or both; or
  • on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.

12.3 Where a corporation is guilty of an offence, any director, manager, secretary or similar officer, or any person purporting to act in such a capacity, may also be guilty of an offence.

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Page updated: Wednesday, May 14, 2008