Chemicals Act 2008

30

Penalties.

30.— (1) A person guilty of an offence under section 29 (other than F38[subsection (3)(g) and subsection (16)]) shall be liable—

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding F39[12 months] or both, or

(b) on conviction on indictment, to a fine not exceeding €3,000,000 or imprisonment for a term not exceeding 2 years or both.

(2) A person guilty of an offence under section 29(16) shall be liable on summary conviction to a fine not exceeding €5,000.

F40[(2A) A person guilty of an offence under section 29(3)(g) shall be liable –

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

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or both.]

(3) Where a person is convicted of an offence under the relevant chemicals statutory provisions in proceedings brought by a national authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to that national authority the costs and expenses measured by the court, incurred by the national authority in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers engaged by the national authority.

Annotations

Amendments:

F38

Substituted (26.10.2023) by Chemicals Act 2008 (Lead in Gunshot in Or Around Wetlands) Regulations 2023 (S.I. No. 517 of 2023), reg. 5(a).

F39

Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 10, S.I. No. 591 of 2010.

F40

Inserted (26.10.2023) by Chemicals Act 2008 (Lead in Gunshot in Or Around Wetlands) Regulations 2023 (S.I. No. 517 of 2023), reg. 5(b). A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Editorial Notes:

E12

A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.