Environmental Management and Pollution Control (Environmental Licences) Regulations 2019
5Special penalty
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5 Special penalty
(1) For the purposes of section 42C(5)(a) of the Act, the amount of the special penalty to be imposed on a person who commits an offence, against section 42C(4) of the Act, constituted by contravening a condition of an environmental licence that limits the rate of dissolved nitrogen being produced, or emitted, in the course of the conduct of an activity under the licence, is a fine of 1 000 penalty units for each tonne of dissolved nitrogen that exceeds that rate.
(2) For the purposes of subregulation (1) , if the amount of dissolved nitrogen is not a whole number of tonnes, the special penalty is to be calculated on a pro rata basis.