Sea Pollution (Hazardous Substances) (Compensation) Act 2005

Penalties and offences.

6

6.—(1) ( a) A person guilty of an offence under section 15 shall be liable—

(i) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding €1,270,000, or to imprisonment for a term not exceeding 5 years, or to both.

( b) A person guilty of an offence under this Act (other than section 15 ) shall be liable—

(i) on summary conviction to a fine not exceeding €3,000, or to imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding €13,000, or to imprisonment for a term not exceeding 2 years, or to both.

(2) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under section 15 as if, in lieu of the penalties specified in subsection (3)( a) of that section, there were specified therein the penalties provided for in subsection (1)(a)(i), and the reference in subsection (2)( a) of the said section 13 to the penalties provided for by subsection (3) shall be construed and have effect accordingly.

(3) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this Act (other than section 15 ) as if, in lieu of the penalties specified in subsection (3)( a) of that section, there were specified therein the penalties provided for in subsection (1)(b)(i) , and the reference in subsection (2)( a) of the said section 13 to the penalties provided for by subsection (3) shall be construed and have effect accordingly.

(4) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of any director, manager, secretary or other officer of such body corporate or a person who was purporting to act in any such capacity, that officer or person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.