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(2) A person guilty of an offence under paragraph (a), (c) or (l) of subsection (1) above shall be liable:

(a) on summary conviction, to a fine not exceeding £20,000;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(3) A person guilty of an offence under paragraph (b), (g), (h), (i) or (j) of subsection (1) above shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(4) A person guilty of an offence under paragraph (d), (e), (f) or (k) of subsection (1) above shall be liable, on summary conviction, to a fine not exceeding the statutory maximum.

(5) In England and Wales an inspector, if authorised to do so by the Secretary of State, may, although not of counsel or a solicitor, prosecute before a magistrates' court proceedings for an offence under subsection (1) above.

24 Enforcement by High Court

If the enforcing authority is of the opinion that proceedings for an offence under section 23(1)(c) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice or a prohibition notice, the authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing compliance with the notice.

25 Onus of proof as regards techniques and evidence

(1) In any proceedings for an offence under section 23(1)(a) above consisting in a failure to comply with the general condition implied in every authorisation by section 7(4) above, it shall be for the accused to prove that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition.

(2) Where—

(a) an entry is required under section 7 above to be made in any record as to the observance of any condition of an authorisation; and

(b) the entry has not been made;

that fact shall be admissible as evidence that that condition has not been observed.

26 Power of court to order cause of offence to be remedied

(1) Where a person is convicted of an offence under section 23(1)(a) or (c) above in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.

(2) The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or as extended under this subsection, as the case may be.

(3) Where a person is ordered under subsection (1) above to remedy any matters, that person shall not be liable under section 23 above in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under subsection (2) above.

27 Power of chief inspector to remedy harm

(1) Where the commission of an offence under section 23(1)(a) or (c) above causes any harm which it is possible to remedy, the chief inspector or, in Scotland, a river purification authority may, subject to subsection (2) below—

(a) arrange for any reasonable steps to be taken towards remedying the harm; and

(b) recover the cost of taking those steps from any person convicted of that offence.

(2) The chief inspector or, as the case may be, the river purification authority shall not exercise their powers under this section except with the approval in writing of the Secretary of State and, where any of the steps are to be taken on or will affect land in the occupation of any person other than the person on whose land the prescribed process is being carried on, with the permission of that person.

Authorisations and other statutory controls

28 Authorisations and other statutory controls

(1) No condition shall at any time be attached to an authorisation so as to regulate the final disposal by deposit in or on land of controlled waste (within the meaning of Part II), nor shall any condition apply to such a disposal; but the enforcing authority shall notify the authority which is the waste regulation authority under that Part for the area in which the process is to be carried on of the fact that the process involves the final disposal of controlled waste by deposit in or on land.

(2) Where any of the activities comprising a prescribed process are regulated both by an authorisation granted by the enforcing authority under this Part and by a registration or authorisation under the [1960 c. 34.] Radioactive Substances Act 1960, then, if different obligations are imposed as respects the same matter by a condition attached to the authorisation under this Part and a condition attached to the registration or authorisation under that Act, the condition imposed by the authorisation under this Part shall be treated as not binding the person carrying on the process.

(3) Where the activities comprising a prescribed process designated for central control include the release of any substances into water included in waters which are controlled waters for the purposes of Chapter I of Part III of the [1989 c. 15.] Water Act 1989, then—

(a) the enforcing authority shall not grant an authorisation under this Part if the National Rivers Authority certifies to the enforcing authority its opinion that the release will result in or contribute to a failure to achieve any water quality objective in force under Part III of that Act; and

(b) any authorisation that is granted shall, as respects such releases, include (with or without others appearing to the enforcing authority to be appropriate) such conditions as appear to the National Rivers Authority to be appropriate for the purposes of this Part as that Authority requires by notice in writing given to the enforcing authority;

but the enforcing authority may, if it appears to be appropriate to do so, make the authorisation subject to conditions more onerous than those (if any) notified to it under paragraph (b) above.

(4) Where the activities comprising a prescribed process carried on under an authorisation include the release of any substances into water as mentioned in subsection (3) above then, if at any time it appears to the National Rivers Authority appropriate for the purposes of this Part that the conditions of the authorisation should be varied, the enforcing authority shall exercise its powers under section 10 above so as to vary the conditions of the authorisation as required by the National Rivers Authority by notice in writing given to the enforcing authority.