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Penalty for Pollution.
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15.— The Act of 1952 is amended by inserting after section 41 the following section:
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“Penalty for Pollution.
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42.— (1) Subject to subsection (2), if any person causes or knowingly permits any deleterious matter to enter any river he shall be guilty of an offence against this Act and shall be liable—
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(a) on summary conviction, to a fine not exceeding €5,000,
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(b) on conviction on indictment, to a fine not exceeding €20,000 or to imprisonment for a term not exceeding 2 years, or to both.
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(2) Nothing in subsection (1) shall operate to penalise the discharge by any person of any dye stuff or other trade effluent which he proves is not in a state harmful to fish or other live animals.
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(3) Where a person (in this section referred to as ‘the person convicted’) has been convicted of an offence under subsection (1), the Commission—
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(a) after consulting the owner of the fishing rights in the waters affected by the pollution, or
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(b) without such consultation if the Commission, upon making reasonable enquiries, is unable to ascertain the name and address of the owner,
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may—
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(i) carry out such reinstatement of the waters as is reasonable in the circumstances, and
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(ii) recover the cost thereof from the person convicted.
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(4) Any question as to—
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(a) the reasonableness of any reinstatement to be undertaken under paragraph (i) of subsection (3), or
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(b) the costs to be recoverable under paragraph (ii) of that subsection,
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may be referred to arbitration under and in accordance with the provisions of the Arbitration Acts 1954 to 1998.
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(5) Nothing in this section shall affect any right of the owner of fishing rights in the waters affected by the pollution to bring civil proceedings against the person convicted; but in assessing damages in any such proceedings the court shall take into account the value of any reinstatement carried out by the Commission under subsection (3).
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(6) Subsection (5) applies in relation to any such right vested in the Commission.”.
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