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Proclamation No. 300-2002 Environmental Pollution Control

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PART FIVE

Offences and Penalties

  1. General

1) A person who, under this Proclamation or under any other relevant law, commits an offence for which no penalty is provided for either in the Penal Code or under this Proclamation, is liable on conviction:

(a)in the case of a natural person, to a fine of not less than five thousand Birr and not more than ten thousand Birr or an imprisonment of not more than one year or both;

(b)in the case of a juridical person, to a fine of not less than ten thousand Birr and not more than twenty thousand Birr.

2) Where a juridical person is convicted pursuant to Sub-Article (1) of this Article, the officer in charge who should have known the commission of the offence, and who failed to fulfill his duty appropriately shall be liable to a fine of not less than five thousand Birr and not more than ten thousand Birr or an imprisonment of not more than two years or both.

3) Unless the provisions of the Penal Code provide more severe penalties, the penalties laid down under this Proclamation shall be applicable.

  1. Offences Relating to Inspectors

1) A person commits an offence if he hinders or obstructs an inspector on duty in the execution of his duty, fails to comply with a lawful order or requirement made by an inspector, impersonates an inspector, or refuses an inspector entry into any land or premise or hinders an inspector from getting access to records, ‘prevents an inspector from checking, copying or extracting any paper, file or any other document, withholds, misleads or gives wrong information to an inspector.

2) A natural person who commits an offence under Sub-Article (1) of this Article is liable, on conviction, to a fine of not less than three thousand Birr and not more than ten thousand Birr, and, in the case of a

juridical person, to a fine of not less than ten thousand Birr and and not more than twenty thousand Birr, and imprisonment of the officer in charge for a term of not less than one year and not more than two years or a fine of not less than five thousand Birr and not more than ten thousand Birr or both.

  1. Offences Relating to Records

A person commits an offence if he fails to comply with this Proclamation or any regulations issued hereunder to keep records of activities or products or of the types, characteristics or amounts of waste or of any other information, or if he alters any record shall be liable, on conviction, to a fine of not less than ten thousand Birr and not more than twenty thousand Birr.

  1. Offences Relating to Wastes and Other Materials that are Hazardous

1) A person commits an offence if he fails to manage a hazardous waste or another substance according to

the relevant laws, mislabels or fails to label or in any way withholds information about any hazardous waste or other material or attempts to take part or takes part or attempts to aid or aids in the illegal traffic of any hazardous waste or other material.

2)A natural person who commits an offence under Sub Article (1) of this Article is liable, on conviction, to a fine of not less than twenty thousand Birr and not more than fifty thousand Birr and in the case of a juridical person to a fine of not less than fifty thousand Birr and not more than one hundred thousand Birr, and to a term of imprisonment of the officer in charge of not less than five years and not more than ten years, or a fine of not less than five thousand Birr and not more than ten thousand Birr of both.

  1. Offences Relating to Pollution

A natural person commits an offence if he discharges any pollutant contrary to the provisions of this Proclamation or regulations issued hereunder and is liable, on conviction, to a fine of not less than one thousand Birr and not more than five thousand Birr or to an imprisonment of not less than one year and not more than ten years or both and, in the case of a juridical person, to a fine of not less than five thousand Birr and not more than twenty five thousand Birr and an imprisonment of the officer in charge for a term of not less than five years and not more than ten years, or a fine of not less than five thousand Birr and not more than ten thousand Birr or both.

  1. Forfeiture and Restoration

The court, before which a person is prosecuted for an offence under this Proclamation or regulations issued hereunder, may, in addition to any penalty it impose upon the convicted person, order:

(a) the confiscation of any thing used in the commission of the offence in favor of the state or to dispose of it in any other way;

(b) that the cost of cleaning up and the disposing of the substance, chemical or equipment seized be borne by the convicted person; and

(c) the convicted person to restore to the state in which the environment was prior to the infliction of the damage, and when such restoration is not possible to pay appropriate compensation.

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