S.L. 425.17 Art. 8Administrative proceedings and penalties.

(1) The Director may, when he deems it fit and according to the provisions of these regulations and the Act, offer the possibility to any person, inclusive of legal persons, being an offender according to these regulations, the Act and, or any of its subsidiary legislation, to accept sanctioning through administrative proceedings in lieu of criminal proceedings:

Provided that the exercise of discretion by the Director according to this regulation shall not be be examined, reviewed or contested, save for the case being tried by a competent criminal court in its entirety:

Provided further that the application of this regulation is finally subject to acceptance by the alleged offender, failing which the alleged offence shall be subject to criminal proceedings according to the provisions of these regulations, the Act and criminal law in general.

(2) Any administrative proceeding and sanctioning according to these regulations shall be applied according to the provisions of article 33 of the Act, without prejudice to the provisions of these regulations which are to be applied in addition to those of article 33 of the Act.

(3) Without prejudice to regulation 6(3), any administrative penalty determined by the Director shall be up to a half of the maximum criminal fine (multa) provided by law for the offence:

Provided that the Director may, if he deems it reasonable in the circumstances of the case, impose an administrative penalty which is lower than the minimum applicable according to law.

(4) The provisions of sub-regulation (3) shall not apply for offences related to aquaculture activities.

(5) Without prejudice to sub-regulation (3), sanctioning according to this regulation shall also follow the provisions of regulation 7.