Planning and Development Act, 2000
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Penalties for offences. |
156.—(1) A person who is guilty of an offence under sections 58 (4), 63 , 151 , 154 , 205 , 230 (3), 239 and 247 shall be liable— | |
(a) on conviction on indictment, to a fine not exceeding £10,000,000, or to imprisonment for a term not exceeding 2 years, or to both, or | ||
(b) on summary conviction, to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 6 months, or to both. | ||
(2) Where a person is convicted of an offence referred to in subsection (1) and there is a continuation by him or her of the offence after his or her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable— | ||
(a) on conviction on indictment, to a fine not exceeding £10,000 for each day on which the offence is so continued, or to imprisonment for a term not exceeding 2 years, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 2 years, or | ||
(b) on summary conviction, to a fine not exceeding £400 for each day on which the offence is so continued or to imprisonment for a term not exceeding 6 months, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 6 months. | ||
(3) Where a person is convicted of an offence referred to in subsection (1) involving the construction of an unauthorised structure, the minimum fine shall be— | ||
(a) on conviction on indictment, the estimated cost of the construction of the structure or £10,000, whichever is less, or | ||
(b) on summary conviction, the estimated cost of the construction of the structure or £500, whichever is less, | ||
except where the person convicted can show to the court's satisfaction that he or she does not have the necessary financial means to pay the minimum fine. | ||
(4) Any person who is guilty of an offence under this Act other than an offence referred to in subsection (1) (or a further offence under subsection (2)) shall be liable, on summary conviction, to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both. | ||
(5) If the contravention in respect of which a person is convicted under section 46 (11), 208 (2)(b) or 252 (9) is continued after the conviction, that person shall be guilty of a further offence on every day on which the contravention continues and for each such offence he or she shall be liable on summary conviction to a fine not exceeding £400. | ||
(6) In a prosecution for an offence under sections 151 and 154 it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the subject matter of the prosecution was development and was not exempted development. | ||
(7) Where an enforcement notice has been served under section 154 , it shall be a defence to a prosecution under section 151 or 154 if the defendant proves that he or she took all reasonable steps to secure compliance with the enforcement notice. | ||
(8) On conviction of an offence under section 154 , the court may, in addition to imposing the penalties specified in subsections (1) and (2), order the person convicted to take the steps specified in the enforcement order to be taken. |