#### 28A Establishment of facility without permit (1) A person commits an offence if: (a) the person causes work to be carried out to establish a facility that is: (i) a nuclear facility; or (ii) a facility for the carrying out of nuclear activities; or (iii) a facility for the use of associated equipment to which Part II applies; and (b) the work consists of: (i) construction of the facility; or (ii) modification of an existing facility that is not a facility described in paragraph (a); and (c) the person does not hold a permit for the work to be carried out. Penalty: Imprisonment for 5 years. (2) To avoid doubt, intention is the fault element for paragraph (1)(a).

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