ENVIRONMENT PROTECTION ACT 1993 - SECT 123
ENVIRONMENT PROTECTION ACT 1993 - SECT 123
(1) Where an offence
against a provision of this Act is committed by a person by reason of a
continuing act or omission—
(a) the
person is liable, in addition to the penalty otherwise applicable to the
offence, to a penalty for each day during which the act or omission continues
of not more than an amount equal to one-fifth of the maximum penalty
prescribed for that offence; and
(b) if
the act or omission continues after the person is convicted of the offence,
the person is guilty of a further offence against that provision and liable,
in addition to the penalty otherwise applicable to the further offence, to a
penalty for each day during which the act or omission continues after that
conviction of not more than an amount equal to one-fifth of the maximum
penalty prescribed for that offence.
(2) For the purposes
of this section, an obligation to do something is to be regarded as continuing
until the act is done notwithstanding that any period within which, or time
before which, the act is required to be done has expired or passed.