Environmental Impact Assessment Ordinance

EIA Ordinance

PART VIII OFFENCES

Offences relating to environmental permit
1. A person who contravenes section 9 commits an offence and is liable---
  1. on a first conviction on indictment to a fine of $2,000,000 and to imprisonment for 6 months;
  2. on a second or subsequent conviction on indictment to a fine of $5,000,000 and to imprisonment for 2 years;
  3. on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;
  4. on a second or subsequent summary conviction to a fine of $1,000,000 and to imprisonment for 1 year,
  and in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $10,000 for each day on which he is satisfied the offence continued.
2. A person does not commit an offence under subsection (1) if he carries out an action in response to an emergency and in the interests of public safety or public health.
3. A person does not commit an offence under subsection (1) arising out of a breach of conditions of an environmental permit as set out in section 9(1)(b) if he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity.
4. A person for whom a project is constructed, operated or decommissioned and who permits the carrying out of the project contrary to section 9 commits an offence and is liable---
  1. on a first conviction on indictment to a fine of $2,000,000 and to imprisonment for 6 months;
  2. on a second or subsequent conviction on indictment to a fine of $5,000,000 and to imprisonment for 2 years;
  3. on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;
  4. on a second or subsequent summary conviction to a fine of $1,000,000 and to imprisonment for 1 year,
  and in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $10,000 for each day on which he is satisfied the offence continued.
5. A person does not commit an offence under subsection (4) if he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity.
6. A person who either alone or with an associated person, separates contiguous projects, which, if taken individually, do not meet the specified levels in Schedule 2 or 3 to quality as a designated project but which collectively qualify as a designated project, to avoid the purposes of this Ordinance is taken to have contravened subsection (4) if he permits the carrying out of any part of the contiguous projects without first applying to the Director under section 4(5).
7. In proceedings for an offence under this section, the prosecution does not have to prove that the acts or omissions in question were accompanied by any intention, knowledge or negligence on the part of the defendant as any element of the offence.

Offences in relation to enforcement
1. A person who
  1. wilfully resists, obstructs or delays any public officer in the exercise of a power conferred by section 23 which he is authorized to exercise;
  2. fails without reasonable excuse to comply with a requirement duly made by a public officer in the exercise of a power under section 23 which he is authorized to exercise;
  3. in compliance or purported compliance with a requirement of a public officer under Part VII produces a drawing, record or document which he knows to be incorrect or inaccurate in a material respect or does not believe to be correct or accurate; or
  4. wilfully or recklessly gives information which is incorrect in a material respect or withholds information as to any of the matters for which information is required to be given under Part VII,
  commits an offence and is liable on conviction to a fine at level 5.

Offence to disclose confidential information obtained officially
1. A person who, except in the circumstances set out in subsection (2), discloses or gives to another person any information that concerns a trade, business or profession, and has come to his knowledge or into his possession in the course of the discharge of his functions under this Ordinance commits an offence.
2. A person does not commit an offence under subsection (1) if he discloses or gives the information to another person---
  1. to discharge his functions under this Ordinance or in connected proceedings;
  2. under an order of a court under subsection (3); or
  3. with the consent in writing of all persons who appear to him, after reasonable inquiry, to be interested in the confidentiality of the information.
3. Where in proceedings a court considers that the justice of the case requires, the court may order the disclosure of information referred to in subsection (1).
4. A person who commits an offence under subsection (1) is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

Directors of body corporate liable in certain circumstances
1. Where a person convicted of an offence under this Ordinance is a body corporate and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, a director, manager, secretary or other person concerned in the management of the body corporate, the director, manager, secretary or other person also commits the offence.
2. Where a person convicted of an offence under this Ordinance is a partner in a partnership and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, any other partner or any person concerned in the management of the partnership, the partner or the person concerned in the management also commits the offence.