Environmental Protection Agency Act 1992

Penalties.

9

9.—(1) A person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to a fine not exceeding F28[€3,000], or to imprisonment for any term not exceeding twelve months or, at the discretion of the court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding F29[€15,000,000] or to imprisonment for a term not exceeding ten years or, at the discretion of the court, to both such fine and such imprisonment.

(2) In imposing any penalty under subsection (1) the court shall, in particular, have regard to the risk or extent of damage to the environment F30[, and any remediation required,] arising from the act or omission constituting the offence.

(3) Where a person, after conviction of an offence under this Act, continues to contravene the provision, he shall be guilty of an offence on every day on which the contravention continues and for each such offence he shall be liable to a fine, on summary conviction, not exceeding F31[€1,000] or, on conviction on indictment, not exceeding F31[€130,000].

Annotations

Amendments:

F28

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(a), S.I. No. 498 of 2003.

F29

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(b), S.I. No. 498 of 2003.

F30

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(c), S.I. No. 498 of 2003.

F31

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(d), S.I. No. 498 of 2003.

Editorial Notes:

E167

A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.

E168

A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.