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Energy Act 2008

Section 57: Offence to fail to comply with approved programme

283.This section makes it an offence for a site operator or persons associated with the operator (such as a parent company), to fail to comply with their obligations under an approved funded decommissioning programme, unless they prove that they exercised due diligence to avoid committing the offence.

284.Subsection (3) sets out the sanctions in the event of a prosecution:

  • on summary conviction, a fine not exceeding the statutory maximum (currently £5,000 in England, Wales and Northern Ireland); or

  • on conviction on indictment, imprisonment for a term not exceeding two years or a fine, or both.

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