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The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005

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This is the original version (as it was originally made).

Penalties for contravention of a prohibition notice

13.—(1) Any person who contravenes a prohibition notice that has been served on him in accordance with regulation 12 shall be guilty of an offence.

(2) An offence under this regulation may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this regulation by reference to any period of time following the preceding conviction for such an offence.

(3) References in this regulation to contravening a prohibition notice shall include causing or permitting its contravention.

(4) A person guilty of an offence under this regulation shall be liable –

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment to a fine.

(5) In proceedings for an offence under this regulation it shall be a defence for the accused to prove that –

(a)the prohibition notice was not served on him; and

(b)he did not know, and could not reasonably have been expected to know, of its existence.

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