S.L. 549.123 Art. 29Penalties. Remediation and mitigation expenses. Causes of damage. Cap. 9. Damage caused by vehicles.

(1) Any person who, willfully or through imprudence, negligence or incompetence:

(a) fails to comply with any provision of these regulations, or with any order lawfully given in terms of any provision of these regulations;

(b) contravenes any restriction, prohibition, order or requirement arising from these regulations, or imposed by the Authority in accordance with these regulations;

(c) acts in contravention of any provisions of these regulations;

(d) conspires with, aids, abets, counsels, instigates, procures or knowingly allows any other person to contravene or fail to comply with the provisions of these regulations or of any restriction, order, prohibition or requirement imposed by or under these regulations; or

(e) attempts to do any of those indicated in paragraphs (a) to (d) hereof, shall be guilty of an offence against these regulations.

(2) Any person who commits, or attempts to commit, an offence against these regulations shall be liable on the conviction to the penalties as indicated in the Fourth Schedule.

(3) The Court shall also order the offender to pay for any direct, indirect or consequential damage caused, in particular:

(a) the full expenses incurred for remedying to the Authority’s satisfaction the damage caused to the site, or to the status of the tree species, or to both, as relevant; and

(b) any other expense incurred for any other measure required to remedy the damage and the infringement, or to mitigate, contain or prevent more widespread impact.

(4) The Court shall also order the offender to remove the causes of the offence and to undo anything which was done without a permit, within a time fixed by the Court sufficient for the purpose but which does not exceed three (3) months from the date of judgment. If the offender fails to comply with any such order within the time so fixed, he shall be liable to a fine (multa) of not more than one hundred and fifty euro (€150), for every day that the default continues after the expiration of the said time, as the Court may fix.

(5) The provisions of article 23 and 30(1) of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of offences against these regulations, however the disqualification from holding or obtaining a license, permit, authorisation or clearance shall in no case be for less than one year.

(6) Without prejudice to the other provisions of this regulation, the provisions of this regulation shall also apply in cases of negligence and voluntary damage by means of a vehicle.

Part VIII: MISCELLANEOUS