S.L. 499.71 Art. 18Administrative fines.

(1) If an operator of a port or terminal, or a Master or operator or agent of a ship, breaches or fails to comply with any of the THE DELIVERY OF WASTE FROM SHIPS

requirements of these regulations or directives given by the Authority or the provisions of the waste reception and handling plan, the Authority shall handover to such person a notice containing a general description of the breach or non-compliance and may:

(a) require the Master or operator or agent of a ship to remove the waste within such a time and deliver it to such a place as the Authority may require; and if he fails to comply, the Authority may cause the removal of such waste at the risk and expense of the Master, operator and agent of the ship;

(b) in terms of the provisions of the Act, impose an administrative fine of not less than two hundred and fifty euro (€250) in respect of each breach or non-compliance; or not less than one hundred euro (€100) for every day or part thereof during which the breach or non-compliance subsists, from the date of the final decision of the Authority:

Provided that the administrative fine shall be paid to the Authority within such time indicated in the notice, which in no case shall be less than seven days, provided that where any administrative fine imposed under this regulation is not paid within the aforementioned period, proceedings in respect of the breach or non-compliance may be taken in accordance with the provisions of these regulations;

(c) notwithstanding paragraphs (a) and (b), the Authority may also order the detention of the ship until such time as the breach or non-compliance is rectified.

(2) The compliance of the operator of a port or terminal, or a Master or operator or agent of a ship, with the provisions of sub-regulation (1) shall for all intents and purposes of law, be deemed to be an admission of the breach or non-compliance, and no further action shall be taken in respect of such breach or non-compliance.