partxi - OFFENCES

OFFENSES

General offenses

61.

Any person who contravenes any provision of this Act for which no other penal is specifically provided shall be guilty of an offense and liable, upon conviction, to a fine of not less than K10,000 and not more than K500,000 and to imprisonment for five years.

Any person who is convicted of an offense under subsection (1) shall, in addition to the fine provider! for in that subsection, be liable to a fine of K5,000 for each day the offense continues to be
committed

Hindering,
obstructing
etc., of
inspectors

62.

Any person whom

hinders or obstructs an inspector in the execution of his or her duties under this Act;

fails to comply with a lawful order or requirement made by an inspector in accordance with this Act;

prevents the Director or an inspector or any person duly authorized by the Director or inspector from gaining entry upon or into any premises which he or she is empowered under this Act to enter;

impersonates the Director or am inspector or any person duly authorized by the Director or inspector;

prevents an inspector from having access to any record or document required by the inspector for purposes of this Act;

misleads or gives false information to the Director or an inspector or any person duly authorized by the Director or inspector under this Act; or

fails to comply with measures directed by the Minister, the Director or an inspector for the protection and management of the environment and the conservation and sustainable utilization of natural resources,

shall be guilty of an offense and shall be liable, upon conviction, to a fine of not less than K5,000 and not exceeding K200,000 and to imprisonment for two years.

Offenses
relating to
environmental
impact
assessment

63.

Any person who contravenes section 24 (3) or fails to prepare an environmental impact assessment report or knowingly gives false information In an environmental impact assessment report contrary to section 25 shall be guilty of an offense and shall be liable, upon conviction, to a fine of not less than K5,000 and not exceeding K200,000 and to imprisonment for two years.

Offenses
relating to
Records

64.

Any person whom ---

fails to keep records required under this Act or under any regulations made under this Act;

Fraudulently or knowingly alters any such records,

shall be guilty of an offense and be liable, upon conviction, to a fine of not less than K5,000 and not exceeding K200,000-and to imprisonment for two years.

Offenses
relating to
Environmental
standards and
guidelines

65.

Any person whom

violates any environmental standard established under this Act;

violates any measure prescribed under this Act; or

uses natural resources other wise than in accordance with this Act,

shall be guilty of an offense and shall be liable upon conviction to a fine of not less than K5,000 and not more than K200,000 and to imprisonment for two years.

Offenses
relating to
hazardous
materials
processes, and
Waste

66.

Any person who

falls to manage hazardous materials, processes and wastes in accordance win this Act;

knowingly or fraudulently mislabels wastes, pesticides or chemicals;

aids or abets the illegal trafficking in wastes, chemicals.

pesticides or hazardous processes, wastes or substances, shall be guild of an offense and shall upon conviction be liable to a fine of not less than K20,000 and not more than K1,000,000 and to imprisonment for ten years.

Offenses
relating to
Pollution

67.

Any person who discharges or emits an' pollutant into the environment otherwise than in accordance with this Act shall be guilty of an offense and shall be liable, upon conviction, to a E fine of not less than K20,000 and not more than K1, 000,000 and to imprisonment for ten years.