Water Environment (Abstractions and Associated Impoundments) Act 2022
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Prosecution by Agency | ||
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109. (1) A prosecution for an offence under section 11 (10), subsection (4) or (5) of section 12 , section 15 (8), subsection (9) or (11) of section 16 , section 52 (10), 57 (3), 73 (2), 80 (9), or, in so far as it relates to a compliance notice given by the Agency under section 98 (1), subsection (6) or (7) of section 99 may be taken by the Agency. | ||
(2) Where a person is convicted of an offence referred to in subsection (1) in proceedings brought by the Agency the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay the Agency the costs and expenses, measured by the court, incurred by the Agency 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 directors or employees of the Agency, or consultants and advisers engaged by the Agency. | ||
(3) Where a court imposes a fine in proceedings referred to in subsection (1) brought by the Agency it shall, on the application of the Agency (made before the time of such imposition), provide by order for the payment of the amount of the fine to the Agency as if the payment were due to the Agency on foot of an order made by the court in civil proceedings. | ||
(4) The amount of any fine paid to, or recovered by the Agency under subsection (3) shall be disposed of by it in such manner as the Minister for Finance directs. |