Water Environment (Abstractions and Associated Impoundments) Act 2022
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Prosecution by local authority | ||
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108. (1) A prosecution for an offence under section 8 (4) or 9 (5) or, in so far as it relates to a compliance notice given by the local authority under section 97 (1), subsection (6) or (7) of section 99 may be taken by the local authority in whose administrative area the abstraction concerned is situate, or the local authority which gave the notice. | ||
(2) Where a person is convicted of an offence referred to in subsection (1) in proceedings brought by a local authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay the local authority the costs and expenses, measured by the court, incurred by the local authority in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations or analyses and in respect of the remuneration and other expenses of employees of the local authority, or consultants and advisers engaged by the local authority. | ||
(3) Where a court imposes a fine for an offence referred to in subsection (1) in proceedings brought by a local authority it shall, on the application of the local authority concerned (made before the time of such imposition), provide by order for the payment of the amount of the fine to the local authority as if the payment were due to that local authority on foot of an order made by the court in civil proceedings. | ||
(4) The amount of any fine paid to, or recovered by a local authority under subsection (3) shall be disposed of by it in such manner as the Minister for Finance directs. |