Hazardous Substances and New Organisms Act 1996

Pecuniary penalties

Heading: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

124B Pecuniary penalty order

(1)

The enforcement agency may apply to the court for an order that a person pay to the Crown a pecuniary penalty under this Act.

(2)

The court may make the order if it is satisfied that the person—

(a)

developed, field tested, imported, or released a new organism in breach of this Act; or

(b)

possessed or disposed of any new organism imported, developed, or released in breach of this Act; or

(c)

failed to comply with any controls relating to a new organism—

(i)

imposed by any approval granted under this Act; or

(ii)

specified in regulations made under this Act.

(3)

The court must not make the order if the person satisfies the court that the person did not know, and could not reasonably have known, of the breach.

Section 124B: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 124B(2)(b): amended, on 20 September 2007, by section 6 of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).