Environment (Miscellaneous Provisions) Act 2015

Amendment of section 12A of Act of 1987

20. Section 12A of the Act of 1987 is amended by—

(a) in subsection (1) —

(i) the deletion of “and is liable to summary prosecution in respect thereof”, and

(ii) the substitution of “in this section” for “in this Act”,

(b) in subsection (3), the deletion of “summary”,

(c) the substitution of the following subsection for subsection (4):

“(4) The amount to be specified in a fixed payment notice in respect of a relevant offence is—

(a) €1,000, where the relevant offence consists of a contravention of regulation 5(1) of the Fuel Regulations,

(b) €500, where the relevant offence consists of a contravention of regulation 5(2)(a), 5(2)(b), 5(4)(b), or 7(1)(c) of the Fuel Regulations, or

(c) €250, where the relevant offence consists of a contravention of regulation 5(5) or 7(1)(d) of the Fuel Regulations.”,

and

(d) the substitution of the following subsection for subsection (6):

“(6) In this section—

‘Fuel Regulations’ means the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 );

‘relevant offence’ means an offence under section 11 consisting of a contravention of regulation 5(1), 5(2)(a), 5(2)(b), 5(4)(b), 5(5), 7(1)(c) or 7(1)(d) of the Fuel Regulations.”.