S.L. 226.1 Art. 8Penalties.

(1) Whosoever shall commit an offence under these regulations that does not result in deterioration of the quality of the water shall, on conviction, be liable to a fine (multa) of not more than twelve thousand euro or to imprisonment for a term not exceeding six months or to both such fine and imprisonment including the payment of any expenses disbursed to remedy the damage incurred: Provided that if a person commits a number of repeated offences under these regulations that do not individually result in the deterioration of the quality of the water but in conjunction result in any of the offences listed under sub-regulations (2) to (7), such repeated offences shall be treated under the said sub-regulations and shall be subject to the established punishments thereof.

(2) Whosoever shall commit an offence under these regulations resulting in serious deterioration of the quality of the water shall, on conviction, be liable to a fine (multa) of not less than twelve thousand euro and not more than thirty thousand euro or to imprisonment for a term not less than six months and not exceeding eighteen months or to both such fine and imprisonment including the payment of any expenses disbursed to remedy the damage incurred.

(3) Whosoever shall through recklessness or serious negligence commit an offence under these regulations resulting in significant and widespread damage to water quality, to animal or vegetable species or to parts thereof shall, on conviction, be liable to a fine (multa) of not less than twenty three thousand euro and not more than two hundred fifty thousand euro or to imprisonment for a term of not less than six months and not exceeding two years or to both such fine and imprisonment including the payment of any expenses disbursed to remedy the damage incurred.

(4) Whosoever shall through recklessness or serious negligence commit an offence under these regulations resulting in significant and widespread damage to water quality, to animal or vegetable species or to parts thereof and the death or serious injury of persons shall, on conviction, be liable to imprisonment for a term of not less than two years and not exceeding twelve years for serious injuries and for a term of not less than four years and not exceeding twenty years for death, including the payment of any expenses disbursed to remedy the damage incurred.

(5) Whosoever shall with intent commit an offence under regulation 5(1)(a) resulting in significant and widespread damage to water quality, to animal or vegetable species or to parts thereof shall, on conviction, be liable to imprisonment for a term of not less than two years and not exceeding five years including the payment of any expenses disbursed to remedy the damage incurred.

(6) Whosoever shall with intent commit an offence under regulation 5(1)(b) resulting in significant and widespread damage to water quality, to animal or vegetable species or to parts thereof shall, on conviction, be liable to imprisonment for a term of not less than six months and not exceeding four years including the payment of any expenses disbursed to remedy the damage incurred.

(7) Whosoever shall with intent commit an offence under regulation 5(1) resulting in significant and widespread damage to water quality, to animal or vegetable species or to parts thereof and the death or serious injury of persons shall, on conviction, be liable to imprisonment for a term of not less than three years and not exceeding fifteen years for serious injuries and for a term of not less than five years and not exceeding thirty years for death, including the payment of any expenses disbursed to remedy the damage incurred.

(8) Any person who is guilty of an offence under regulation 5(2) shall be liable to the same penalty imposed in the preceding provisions of this regulation in respect of the commission of the corresponding offence under regulation 5(1).

(9) Where the person found guilty of an offence under these regulations is the director, manager, secretary or other principal officer of a body corporate or is a person having a power of representation of such body corporate or having an authority to take decisions on behalf of that body or having authority to exercise control within that body, and the offence of which that person is found guilty was committed for the benefit, in whole or in part, of that body corporate, the said person shall for the purpose of these regulations be deemed to be vested with the legal representation of the said body corporate which shall, on conviction, be liable to the payment of a fine (multa) of not less than one hundred and fifty thousand euro and not more than three hundred thousand euro for any offence committed through recklessness or serious negligence, or through lack of supervision or control which has made the commission of the offence possible, and of not less than seven hundred and fifty thousand euro and not more than one million and five hundred thousand euro for any offence committed with intent, including the payment of any expenses disbursed to remedy the damage incurred: Provided that the liability of the body corporate under this sub-regulation shall be without prejudice to the liability of the persons involved as perpetrators, inciters or accessories in the offence under these regulations.