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 F33 [ 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 F34 [ 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) F35 [ 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 F36 [ 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 F34 [ 1,000 ] or (in the case of an offence to which subsection (1) applies) on conviction on indictment, to a fine not exceeding F34 [ 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 F37 [ , and any remediation required, ] arising from the act or omission constituting the offence.

Annotations:

Amendments:

F33

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

F34

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

F35

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

F36

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

F37

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

Editorial Notes:

E97

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.

E98

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

E99

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).

E100

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.