Sea Pollution (Miscellaneous Provisions) Act 2006

Penalties and offences.

17.— (1) (a) A person guilty of an offence under section 9 is liable—

(i) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding €1,500,000, or to imprisonment for a term not exceeding 5 years, or to both.

(b) A person guilty of an offence under this Part (other than section 9 ) is liable—

(i) on summary conviction to a fine not exceeding €3,000, or to imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding €15,000, or to imprisonment for a term not exceeding 2 years, or to both.

(2) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this Part as if, in lieu of the penalties specified in subsection (3)(a) of that section, there were specified therein the penalties provided for in subsection (1)(a)(i). The reference in section 13(2)(a) of the Criminal Procedure Act 1967 to the penalties provided for by subsection 3 of that section shall be construed and have effect accordingly.

(3) Where an offence under this Part is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of any director, manager, secretary or other officer of such body corporate or a person who was purporting to act in any such capacity, that officer or person is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.