S.L. 552.24 Art. 3Penalties.

(1) Where the Authority gives notice in writing to a person in accordance with article 86 or article 88 of the Environment and

Development Planning Act in relation to an infringement carried out after the date of coming into force of these regulations, it shall also notify such a person that he shall be liable to a fine for every day after sixteen days from the date of notification of the notice as established and set out in accordance with the provisions of the

*see sub-regulation (2) of regulation 1 of these regulations, as originally promulgated. Schedule to these regulations.

(2) This penalty shall be levied without prejudice to any other fine or amount payable to the Authority under the provisions of the Act, and shall be subject to a maximum penalty of fifty thousand euro (€50,000): Provided that if a penalty falls due following the approval by the Authority of a permit covering the development in respect of which a notice has been issued, only the accumulated daily penalty or the sanctioning penalty, whichever is the higher, shall be imposed: Provided further that if existing illegal development remains uncovered by a sanctioning development permit, the daily penalty shall continue to accrue on the unsanctioned illegal development subject to the maximum penalty of fifty thousand euro (€50,000).

(3) (a) Where the Planning Authority gives notice in writing to a person in accordance with articles 97 or 99 of the Act in relation to an infringement regarding development at sea, it may also notify such person that he shall be liable to an administrative fine in terms of article 103(6) of the Act, up to but not exceeding two thousand euro (€2000) per day, as determined by the Authority in terms of article 97(7) of the Act.

(b) This administrative fine may be levied without prejudice to any penalties which may be imposed under the provisions of sub-regulations (1) and (2) of this regulation and to any sanctioning penalty which may be due following the approval by the Authority of a permit covering the development at sea in respect of which a notice has been issued, and shall be subject to a maximum fine of two hundred thousand euro (€200,000) in the aggregate.