Law library · Sierra Leone · The Environment Protection Agency Act, 2022
Section 64, The Environment Protection Agency Act, 2022
Status not yet checkedThe Environment Protection Agency Act, 2022, Sierra Leone
(1) A person who discharges toxic and hazardoussubstance into the air or in, on or under the land and waters of Sierra
Leone shall mitigate the impact of the discharge by-
(a) giving notice of the discharge to the Agency
and other public officers;
(b) commencing clean-up operations using the
best available methods; and
(c) complying with such directions as the Agency
may give.
(2) The Agency may, -
(a) until the owner takes mitigation measures
under subsection (1), seize a vessel,
production or storage facility, vessel or motor
vehicle from which the toxic and hazardous
substance is discharged; or
(b) where the owner, after a passage of a
reasonable time, fails to take the necessary
measures to dispose of the production or
storage facility, vessel or motor vehicle seized
under paragraph (a) of subsection (2), to
meet the cost of clean-up and restoration
measures.
(3) A person who fails to comply with subsection (1) and
or (2) commits an offence and is liable on conviction to a fine of not
less than 50,000,000.00 Leones or to imprisonment for a term of not
less than 2 years or to both such fine and imprisonment.
(4) Where a person is convicted of an offence under
subsection (3) the court may in addition to any penalty imposed by
it, require that person to-
(a) pay the cost of the removal of the dangerous
substance or material, oil or mixture
containing oil, including any cost to
Government in restoring the damaged
environment; and
(b) pay the costs incurred by third parties
resulting from the discharge.
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