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Section 71, The Environment Protection Agency Act, 2022

Status not yet checkedThe Environment Protection Agency Act, 2022, Sierra Leone

(1) Where the owner or carrier of a pollutant which isspilled cannot be identified, the Executive Chairman may initiate an action and take measures under paragraph (b) of subsection (2) of section 70, in the public interest. (2) Cost incurred by the Executive Chairman for an action or measures taken under subsection (1) shall be borne by the owner of the pollutant. (3) In the event of a spill, the Executive Chairman may direct the owner of the pollutant which is spilled, or any other person, to take such action within such period of time as he may specify in order to- (a) prevent, eliminate, or reduce the adverse environmental effects of the spill; (b) restore the environment, as far as is practicable, to its previous state; (c) dispose of, or in any way deal with, the pollutant or any object reasonably suspected to be affected by the pollutant. (4) The Executive Chairman may direct a person conducting an activity which may, in the Executive Chairman's opinion, cause a spill to- (a) prepare a contingency plan to the satisfaction of the Executive Chairman; and or (b) make such modification as the Executive Chairman thinks appropriate to an existing contingency plan. (5) A person who fails to comply with a direction given by the Executive Chairman under subsection (3) and or (4), commits an offence and is liable on conviction in case of- (a) a citizen of Sierra Leone, to a fine of not less than 250,000,000.00 Leones or to imprisonment for a term of not less than 5 years or to both such fine and imprisonment; or (b) non-citizen, to a fine of not less than 1,000,000,000.00 Leones or to imprisonment for a term of not less than 5 years or to both such fine and imprisonment. (c) a body corporate to a fine not less than 5,000,000,000.00 Leones.

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