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The Hazardous Waste Regulations (Northern Ireland) 2005

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43.—(1) Subject to paragraph (2) and (3), it shall be an offence for a person to fail to comply with a requirement imposed on that person by or under Parts 4, 5, 6 and 7 of these Regulations.

(2) It shall be a defence for a person charged with an offence under paragraph (1) to prove that he was not reasonably able to comply with the provision in question by reason of an emergency or grave danger and that he took all steps as were reasonably practicable in the circumstances for—

(a)minimising any threat to the public or the environment; and

(b)ensuring that the provision in question was complied with as soon as reasonably practicable after the event.

(3) It shall be a defence for a person charged with an offence under this regulation to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4) A person who, in purported compliance with a requirement imposed by or under any of the foregoing provisions to furnish any information, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.

(5) A person who intentionally makes a false entry in any record or register required to be kept by virtue of any of the foregoing provisions of these Regulations commits an offence.

(6) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

(7) Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be liable to be proceeded against and punished accordingly.

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