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The Waste and Contaminated Land (Northern Ireland) Order 1997

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Offences of not complying with a remediation noticeN.I.

59.—(1) If a person on whom an enforcing authority serves a remediation notice fails, without reasonable excuse, to comply with any of the requirements of the notice, he shall be guilty of an offence.

(2) Where the remediation notice in question is one which was required by Article 53(3) to state, in relation to the requirement which has not been complied with, the proportion of the cost involved which the person charged with the offence is liable to bear, it shall be a defence for that person to prove that the only reason why he has not complied with the requirement is that one or more of the other persons who are liable to bear a proportion of that cost refused, or was not able, to comply with the requirement.

(3) Except in a case falling within paragraph (4), a person who commits an offence under paragraph (1) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and if, in the case of a continuing offence under paragraph (1), the offender continues to fail to comply with any of the requirements of the notice he shall be guilty of a further offence and shall be liable on summary conviction to an additional fine not exceeding one-tenth of level 5 on the standard scale for each day on which the offence is continued and before the enforcing authority has begun to exercise its powers under Article 60(3)(c).

(4) A person who commits an offence under paragraph (1) in a case where the contaminated land to which the remediation notice relates is industrial, trade or business premises shall be liable on summary conviction to a fine not exceeding £20,000 or such greater sum as the Secretary of State may, by order, substitute and if, in the case of a continuing offence under paragraph (1) in relation to such contaminated land, the offender continues to fail to comply with any requirements of the notice he shall be guilty of a further offence and shall be liable to an additional fine not exceeding one-tenth of that sum for each day on which the offence is continued and before the enforcing authority has begun to exercise its powers by virtue of Article 60(3)(c).

(5) If the enforcing authority is of the opinion that proceedings for an offence under this Article would afford an ineffectual remedy against a person who has failed to comply with any of the requirements of a remediation notice which that authority has served on him, that authority may take proceedings in the High Court for the purpose of securing compliance with the remediation notice.

(6) In this Article, “industrial, trade or business premises” means premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purpose of manufacturing.

(7) An order under paragraph (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.

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