S.L. 549.46 Art. 33Offences and liability.

(1) Any person who:

(a) provides false, fraudulent or misleading information that may jeopardize, or render ineffective any assessment falling within the scope of these regulations or lead to processing errors; or

(b) causes any significant impact, risk or hazard to the environment, as a result of non-compliance, or unsatisfactory, incomplete or late compliance, with any provision of these regulations; or

(c) contravenes any order or instruction given by the Authority under these regulations, in respect of any aspect that may have an adverse impact on the environment, shall be guilty of an offence under these regulations, and shall be liable to:

(i) on a first conviction, a fine (multa) of not less than two thousand five hundred euro (€2,500.00) and not more than two hundred and thirty thousand euro (€230,000.00), or imprisonment for a term not exceeding two years, or both such fine (multa) and imprisonment; and

(ii) on a second or subsequent convictions, a fine (multa) of not less than five thousand euro (€5,000.00) and not more than four hundred and sixty thousand euro (€460,000.00) or imprisonment for a term not exceeding two years, or both such fine (multa) and imprisonment.

(2) The Court, besides awarding the punishment referred to in sub-regulation (1), may order the offender to remove the causes of the offence and to rectify the situation as instructed at the offender’s cost within a stipulated time as determined by the Court. If the offender fails to comply with any such order within the time so established, he shall be liable to a fine (multa) of not less than fifty euro (€50) and not more than one hundred and thirty euro (€130), for every day the default continues after the expiration of the said time, and the Court may also order the modification, suspension or revocation of any authorization.

(3) Any person who contravenes or fails to comply with these regulations may be liable to an administrative fine (multa) not exceeding one hundred thousand euro (€100,000) for each violation. The administrative fine (multa) shall be paid into the Environment Fund established by article 32 of the Act.