S.L. 549.94 ст. 8Administrative penalties.

(1) Where any person fails to comply with a notice served in accordance with regulation 7 within the time specified therein, the competent authority may serve a notice in writing in accordance with sub-regulation (2) to be served on that person.

(2) A notice under sub-regulation (1) shall specify:

(a) the date and nature of the offence;

(b) a summary of the facts upon which the allegation that an offence has been committed is based (being a sufficient summary fully and fairly to inform the person of the allegation against him);

(c) any other matter (not being previous convictions) that the competent authority considers relevant to the imposition of a penalty; and

(d) the amount of the penalty due and, where the penalty due depends on a previous conviction, the date of such conviction;

(e) any other sanction applicable, including but not limited to the forfeiture of any timber acquired in violation of these regulations, and shall be endorsed on a statement setting out the provisions of this regulation.

(3) Any person on whom a notice under sub-regulation (1) is served may, within thirty days after such service, by notice in writing served on the competent authority, require that proceedings in respect of the alleged offence shall be dealt with by the Court, in which case the following provisions shall apply:

(a) no further proceedings shall be taken under this regulation by the competent authority; and

(b) nothing in this regulation shall be construed as preventing the institution of any proceedings in respect of the alleged offence or the conviction of the person for the offence by the Court or the imposition of any penalty or forfeiture under these regulations upon such conviction.

(4) Any person on whom a notice under sub-regulation (1) is served who does not wish that proceedings in respect of the alleged offence be dealt with by the Court may, within thirty days after such service, by notice in writing served on the competent authority:

(a) admit the offence;

(b) pay the amount of the penalty to the competent authority within thirty days after the penalty notice is served or after such subsequent period as the competent authority may determine; and

(c) take the necessary remedial actions to ensure conformity with these regulations.

(5) Where under this regulation a person admits an offence, the competent authority shall impose a monetary penalty on that person in respect of the offence amounting to one-third of the maximum penalty to which the person would be liable if he were convicted of the offence by the Court.

(6) The penalty imposed under sub-regulation (5) shall be due as civil debt enforceable by the competent Court of civil jurisdiction in favour of the Government and the declaration by the person on whom the penalty is imposed that he admits the charge shall constitute an executive title for the purposes of article 253 of the Code of Organization and Civil Procedure in the same manner as if it were a judgement of the competent Court of civil jurisdiction.

(7) Notwithstanding any other provision of these regulations or of any other enactment, where an offence has been admitted under this article no charge may be laid in respect of the offence against any person by whom it has been admitted.

(8) Where a person on whom a notice under sub-regulation (1) is served does not, within thirty days after the notice is served on him, admit the offence, the competent authority may request for proceedings to be instituted before the Court in respect of the alleged offence.