S.L. 623.6 Art. 22Administrative penalties.    Cap. 12.      Cap. 12.

(1) Without prejudice to regulation 16 and any other provisions under these regulations which the Director is entitled to enforce, the Director may impose an administrative penalty in accordance with the provisions of this regulation, in respect of any person who infringes any provision of these regulations, or who fails to comply with any directive or decision given by the Director.

(2) Any person who fails to comply with the provisions of regulations 6, 7, 8 and 10 or refuses to comply with an enforcement notice or the method statement and any person who fails or refuses to adopt urgent measures in terms of these regulations or shall interim commit an infringement of these regulations, shall be liable to the imposition of an administrative fine from the Director.

(3) An administrative penalty imposed under this regulation shall not exceed one-half of the maximum fine (multa) which the offender may be liable to, for the corresponding offence, in accordance with the provisions of regulation 21:

Provided that it shall always be at the Director's sole discretion as to whether to offer the offender the payment of the administrative penalty or to commence criminal proceedings against him for the commission of the offence.

(4) In all cases where the Director imposes an administrative penalty in respect of anything done or omitted to be done by any person and such act or omission also constitutes a criminal offence, no proceedings may be taken or continued against the said person in respect of such criminal offence:

Provided that all the fines provided for in this regulation shall be due to the Government as a civil debt and following the service of a judicial act, in terms of article 466 of the Code of

Organization and Civil Procedure, which is either not opposed or the opposition of which is denied, according to the provisions of the said article, the same administrative penalty shall constitute an executive title for all the effects and purposes of the Code of Organization and

Civil Procedure, Book Second, Part I, Title VII.

(5) The payment of an administrative fine as a penalty shall not prejudice the duty of a person to undertake any measure which may be requested of him, whether such duty arises out of these regulations, or out of an order issued by the Director through an enforcement notice or to adopt an interim measure in terms of these regulations. THIRD PARTY PROPERTY