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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99R

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 99R

99R .         Daily penalty

        (1)         Without limiting section 71 of the Interpretation Act 1984 , where an offence is committed by a person by reason of the contravention of a provision of this Act under which the person is required or directed to do any act or thing, or to refrain from doing any act or thing, that offence is taken to continue so long as the act or thing so required or directed remains undone, or continues to be done, as the case may be.

        (2)         In addition to a penalty specified in column 3 of Schedule 1, a person, being either an individual or a body corporate, who or which is convicted of an offence under a section specified in column 2 of any Part of Schedule 1 is liable to a daily penalty not exceeding the daily penalty specified opposite to that section in column 4 of the Part for each day or part of a day during which the offence continues after written notice of the alleged offence has been given by the CEO to the offender.

        (3)         In addition to a penalty specified in column 3 of Schedule 1, a person, being either an individual or a body corporate, who or which is convicted of an offence under a section specified in column 2 of any Part of Schedule 1 is liable to a daily penalty not exceeding the daily penalty specified opposite to that section in column 4 of the Part for each day or part of a day during which the offence continues after the offender is convicted.

        [Section 99R inserted: No. 14 of 1998 s. 14; amended: No. 54 of 2003 s. 140(2).]