Control of Major Accident Hazards Involving Dangerous Substances

Penalties.
43. A person guilty of an offence under these Regulations shall be liable on
summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not
exceeding 12 months, or to both.
Prosecution of offences.
44. (1) Proceedings for an offence under these Regulations may be brought and
prosecuted by the Central Competent Authority.
(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851,
proceedings for an offence under these Regulations may be instituted—
(a) at any time within 2 years from the date on which the offence was
committed, or
(b) where such proceedings relate to the subject matter of a report made—
(i) to the Central Competent Authority by an inspector pursuant to
Regulation 23(1), or
(ii) to the Minister by a tribunal pursuant to Regulation 24(7),
at any time within 12 months from the date on which the report was so made,
whichever is the later.
Cost of prosecutions.
45. Where a person is convicted of an offence under these Regulations, the court
shall, unless it is satisfied that there are special and substantial reasons for not so
doing, order the person to pay to the Central Competent Authority the costs and
expenses, measured by the court, incurred by the Central Competent Authority in
relation to the investigation, detection and prosecution of the offence, including costs
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