Waste Management Act 1996

Penalties.

10

10. (1) A person guilty of an offence under this Act (other than an offence referred to in subsection (2)) shall be liable—

( a) on summary conviction, to a F36 [ class A fine ] or to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment, or

( b) on conviction on indictment, to a fine not exceeding F37 [ 15,000,000 ] or to imprisonment for a term not exceeding 10 years, or to both such fine and such imprisonment.

(2) A person guilty of an offence under section 16 (5), 32 (6) (where the offence consists of a contravention of regulations under subsection (4) of that section), 33 (8) F38 [ 34(1)(c) , in so far as the offence consists of contravention of a condition attached, under section 34(7)(d) , to a waste collection permit, 34(10A) , 34A(13) ] , 38 (7) or 40 (13) shall be liable on summary conviction to a F39 [ class A fine ] or to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment.

(3) If the contravention in respect of which a person is convicted of an offence under this Act is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding F37 [ 1,000 ] or (in the case of an offence to which subsection (1) applies) on conviction on indictment, to a fine not exceeding F37 [ 130,000 ].

(4) In imposing any penalty under subsection (1), the court shall, in particular, have regard to the risk or extent of environmental pollution F40 [ , and any remediation required, ] arising from the act or omission constituting the offence.

Annotations:

Amendments:

F36

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 34(a), S.I. No. 358 of 2015.

F37

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 22(b) and (d), S.I. No. 498 of 2003.

F38

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 34(b)(i), S.I. No. 358 of 2015.

F39

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 34(b)(ii), S.I. No. 358 of 2015.

F40

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 22(e), S.I. No. 498 of 2003.

Editorial Notes:

E101

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E102

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E103

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E104

Previous affecting provision: subss. (1)(a) and (2) amended (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 22(a) and (c), S.I. No. 498 of 2003, subject to saver in s. 59; section further amended as per F-notes above.