Offences relating to deposit, disposal, etc. of waste

Investigation and enforcement costs6

1

After Article 5A of the 1997 Order (inserted by Article 5) insert—

Provisions relating to offences under Articles 4 and 5

Article 4 and 5 offences: investigation and enforcement costs5B

1

This Article applies where a person is convicted of—

a

an offence under Article 4 in respect of a contravention of paragraph (1) of that Article; or

b

an offence under Article 5 in respect of a failure to comply with paragraph (1) of that Article.

2

The court by or before which the offender is convicted may make an order requiring him to pay to the Department a sum which appears to the court not to exceed the costs arising from—

a

investigations of the Department which resulted in the conviction; and

b

the seizure by the Department under Article 5E of a vehicle involved in the offence.

3

The costs arising from the seizure of a vehicle as specified in paragraph (2)(b) may include the cost of disposing of the contents of the vehicle.

4

The power of a court to make an order under this Article is in addition to its power to make an order under section 2 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (award of costs against accused).

2

This Article does not have effect in relation to an offence committed before the coming into operation of this Article.