Cap. 473 Art. 14Administrative infringements.

(1) The authority may impose an administrative penalty upon any person who -

(a) infringes any provision of this Act or of regulations made thereunder;

(b) fails to comply with any request or decision given by the Authority under this Act or the regulations made thereunder:

Provided that in all cases where the authority imposes an administrative penalty in respect of anything done or omitted to be done by any person and such act or omission constitutes a criminal offence, no proceedings may be taken or continued against the said person in respect of such criminal offence:

Provided further that in all cases where the competent authority imposes an administrative penalty in terms of the Act, it shall be payable in addition to the eco-contribution properly chargeable and due under the Act.

(2) An administrative penalty imposed under sub-article (1) shall not, unless provided otherwise by or under this Act exceed eleven thousand and six hundred and forty-five euro (11,645) for each infringement or failure to comply and two hundred and thirty euro (230) for each day of infringement or non-compliance, as the case may be.

(3) In determining the amount of an administrative penalty, regard shall be had, in particular, to the nature and extent of the infringement and its duration.

(4) The Minister may, by regulations made under this Act establish administrative penalties that may be imposed by the authority for breaches of the said regulations: Provided that the amount of the penalties that may be so prescribed shall not exceed the maximum amounts prescribed under sub-article (2).

(5) Notwithstanding the provisions of any 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 by or under this article.