Cap. 549 Art. 81Proceedings when imposing administrative fines. Cap. 12.

(1) The Authority, before imposing an administrative penalty upon any person who infringes or fails to comply with -

(a) any provision of this Act;

(b) regulations made thereunder;

(c) any other law with which the Authority is entitled to secure compliance and to enforce;

(d) any directive or decision given by the Authority whether under this Act, regulations made thereunder or under any other law with which the Authority is entitled to secure compliance and to enforce;

(e) any provisions or time-frames included in any stop order or compliance order; or

(f) any condition, limitation or approved specification of any authorisation granted under this Act, shall by notice to the person concerned -

(i) give notice of the administrative penalty that may be imposed by the Authority;

(ii) give notice of the specific reason why such penalty may be imposed;

(iii) give notice of the amount of the penalty; and

(iv) demand that the person concerned rectify the acts or omissions committed by such person and, or make submissions to the Authority within a specified time: Provided that such time may not be more than twenty days or less than five days from the date of service of the notice: Provided further that the person against whom an administrative penalty may be imposed, shall be given a reasonable opportunity during such period of time as may be stipulated in the notice to make submissions to the Authority and to propose any remedies that rectify the acts or omissions required by the Authority to be so rectified.

(2) In the notice mentioned in sub-article (1), the Authority may impose such conditions as it may consider reasonable in the circumstances.

(3) If the person concerned remedies the infringement to the Authority’s satisfaction within the period established by the Authority in accordance with sub-article (1), and agrees in writing to abide with any conditions that the Authority may impose and pays any accrued daily fines to which the said infringement was subjected in terms of article 78, the Authority shall desist from proceeding any further: Provided that if the person concerned, after having been bound in writing as stated above, fails to remedy the infringement to the Authority’s satisfaction within the period established by the Authority in accordance with sub-article (1) or fails to abide with any terms or conditions agreed to in writing, the Authority shall impose against such person an administrative penalty for such failure, in addition to the administrative penalty which may be imposed for the infringement itself.

(4) If, after the lapse of the period mentioned in sub-article (1), the Authority considers that the person concerned has not given any valid reasons to demonstrate why no administrative penalty should be imposed against such person, the Authority shall proceed to impose such administrative penalty.

(5) Notwithstanding any other provision of this article, where the Authority has prima facie evidence that the infringement represents an immediate and serious threat to the environment, or to public safety or public security or public health, the Authority may shorten the periods mentioned in sub-article (1): Provided that the person against whom such administrative penalty is imposed shall be given a reasonable opportunity to state any views and propose any possible remedies:

Provided further that if the person against whom the notice has been issued files an appeal before the Tribunal and, concurrently with or before, the filing of the appeal requests the Tribunal to suspend the effects of the notice, then the Authority shall desist from issuing a judicial act as referred to in this sub-article until the request of suspension has been determined, withdrawn or otherwise dealt with: Provided further that the Tribunal shall determine any requests for suspension referred to in this sub-article expeditiously. Before determining any such request the Tribunal shall give the Authority a reasonable opportunity to reply and make its submissions, within a period not less than three working days.

(6) The notice referred to in sub-article (1), upon the expiry of the time limit for appeal therefrom, and upon the service of a copy thereof by means of a judicial act on the person liable to the payment of the administrative penalty, shall constitute an executive title for all effects and the purposes of article 253(a) of the Code of Organization and Civil Procedure.

(7) The Authority shall give its reasons for any decision taken under this article.

(8) Notwithstanding the provisions of any other law, no precautionary warrant or order shall be issued by any court restraining the Authority from the exercise of any of the powers conferred upon it under this Act in relation to administrative penalties.

(9) In all cases where the Authority imposes an administrative penalty and any action in respect of anything done or omitted to be done by any person and such act or omission also constitutes a criminal offence, no proceedings may be taken or continued against the said person in respect of such criminal offence if such person settles the penalty and any imposed action: Provided that payment of the administrative penalty and the carrying out of any imposed action shall not extinguish any civil liability to make good any damages to any person or authority or to the environment in terms of environmental liability.

(10) An administrative penalty imposed by the Authority upon any person shall be considered a civil debt owing to the Authority.

(11) Measures whereby the liquidated value of damage to the environment, or of any infringement falling within the scope of this Act, can be settled, debited or offset, against payments inter alia due for public services, public goods or public projects.