The Planning (Amendment) (Northern Ireland) Order 2003

Hazardous substances

15.—(1) In Article 61 of the principal Order (offences) for paragraph (4) there is substituted—

“(4) A person guilty of an offence under this Article shall be liable—

(a) on summary conviction, to a fine not exceeding £30,000;

(b) on conviction on indictment, to a fine,

and in determining the amount of any fine to be imposed on a person convicted of an offence under this Article, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.”.

(2) In Article 81 of that Order (hazardous substances contravention notices)—

(a) in paragraph (3)(b) after “remedy” there is inserted “wholly or partly”;

(b) in paragraph (8) after “before” there is inserted “or after”;

(c) at the end of paragraph (9) there is inserted “or would, if the notice were re-issued, be served with a copy of it”;

(d) in paragraph (11) after “shall” there is inserted “, subject to regulations made under this Article,”.

(3) After that Article there is inserted—

Variation of hazardous substances contravention notices

81A.— (1) The Department may waive or relax any requirement of a hazardous substances contravention notice issued by it and, in particular, may extend any period specified in accordance with Article 81(5)(b) in the notice.

(2) The powers conferred by paragraph (1) may be exercised before or after the notice takes effect.

(3) The Department shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.”.