S.L. 549.134 Art. 31Offences.                Cap. 12.

(1) Any person who contravenes the provisions of regulations 13, 14, 15, 18(1), 20, 21, 25, 29, 38, 39 and 40 shall be guilty of an offence and shall be liable on conviction to a fine (multa) of not less than five thousand euro (€5,000) and not more than fifty thousand euro (€50,000) or to imprisonment not exceeding six (6) months, or to both such fine and imprisonment.

(2) Any person who makes any declaration as required by these regulations, which is false, misleading or incorrect in any material respect, shall be guilty of an offence and shall be liable on conviction to a fine (multa) of not less than two thousand five hundred euro (€2,500) and not more than twenty thousand euro (€20,000) or to imprisonment not exceeding three (3) months, or to both such fine and imprisonment.

(3) Any person who refuses or fails, without sufficient cause, to provide any information or documentation required by the Agency in accordance with sub-regulation (3) of regulation 30, or who, pursuant to a request for information in accordance with sub-regulation (3) of regulation 30, provides false, misleading or incorrect information in any material respect, or who refuses to give access to the Chief Executive, and, or his officers, and, or any other experts in accordance with sub-regulation (6) of regulation 30, shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding one thousand five hundred euro (€1,500) or to imprisonment not exceeding three (3) months, or to both such fine and imprisonment.

(4) Any person guilty of an offence under these regulations, other than for a breach of an obligation referred to in sub-regulations (1), (2), or (3) or of regulation 9, shall be liable on conviction to a fine (multa) not less than two hundred and fifty euro (€250) and not more than two thousand five hundred euro (€2,500):

Provided that should the licensed operator not meet the targets specified in regulation 9, such failure would be subject to an environmental contribution as specified in the licence agreement which environmental contribution may not exceed two hundred thousand euro (€200,000).

(5) The court, besides awarding the punishment referred in accordance with the preceding paragraphs, may order the offender to comply with his obligations under these regulations within a time sufficient for the purpose, but in any case not exceeding three (3) months from the date of the judgment, to be fixed by the court; and, subject to the provisions of the Act, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a fine (multa) of not less than fifty euro (€50) and not more than one hundred euro (€100), as the court may fix, for every day the default continues after the expiration of the said time and the court may also order the modification, suspension or revocation of any authorisation.

(6) In addition to any punishment which the person convicted of an offence under these regulations may be sentenced, the court may order the offender to make restitution to the injured party of any property or proceeds knowingly obtained by fraud or other unlawful gain to the detriment of such party by or through the offence, or to pay to such party such sum of money as may be determined by the court as compensation for any such loss as aforesaid or for any damages caused to such party by or through the offence, and any such order may include both a direction to make restitution and, in default, to pay as aforesaid. The order shall constitute an executive title for all intents and purposes of the Code of Organization and Civil Procedure:

Provided that restitution or compensation under this sub-regulation shall not lead to over-compensation of the injured party, whether by means of punitive, multiple or other types of damages.

(7) When issuing an order under sub-regulation (6), the court may direct that such costs or damages are paid in instalments, in particular, having regard to any other obligations which the offender has towards the injured party.