Section 61, The Environment Protection Agency Act, 2022

(1) The court before which a person is prosecuted for anoffence under this Act or the regulations made hereunder may, in addition to any penalty imposed on him, order that the substance, equipment or appliances used in the commission of the offence be forfeited to the State and be disposed of as the court directs. (2) In making the order to forfeit under subsection (1), the court may also order that the cost of disposing of the substances, equipment or appliance, be borne by the accused. (3) The court may further order that an environment impact assessment licence issued under this Act be cancelled. (4) The court may also issue an order requiring that the convicted person restore the environment to its original state at his own cost. Forfeiture, cancellation, etc. Liability of bodies corporate, etc. (i) fees and charges owing to the Agency and interest; (ii) fines imposed for the contravention of an enforcement notice under section 59 and interest. 59. (1) The Agency may, where it appears that the activities of a person pose a serious and imminent threat to the environment, to life, property or public health, serve on that person, an enforcement notice requiring him to take such steps, as the Agency thinks necessary, to prevent or stop the activities. (2) An enforcement notice under subsection (1)- (a) shall specify- (i) the offending activity; (ii) the steps required to be taken; and (iii) the time within which the steps shall be taken; or (b) may, direct immediate cessation of the offending activity. (3) Where a person on whom an enforcement notice has been served fails, neglects or refuses to take the action required, the Agency may, enter or authorise any other person to enter land under the control of that person, take all necessary action to prevent or stop the activities to which that enforcement notice relates and recover, as a civil debt, from that person, the expenses incurred by it in the exercise. (4) A person who fails to comply with an enforcement notice served on him under subsection (1), committes an offence and is liable on conviction to a fine of not less than 250,000,000. 00 Leones. (5) In the case of a continuing violation after notice has been served, to an additional fine of not less than 5,000,000.00 Leones shall be levied for each day on which the violation continues. Powers of the Agency relating to Enforcement notice. No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022