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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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