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CAP. 354]
Waste Disposal (Livestock Waste) Regulations
[1988 Ed.
[Subsidiary]
Channels to be kept in good repair
9. A livestock keeper shall ensure that the channels referred to in regulation 8 are kept in good order and free from breaks, cracks, holes or any other defects.
PART IV
OFFENCES, PENALTIES AND DEFENCES
Offences
10. (1) Any person who fails to comply with regulation 3, 4, 5, 6, 7, 8 or 9 commits an offence and shall be liable to a fine of $5,000.
(2) Any person who-
(a) discharges or causes or permits to discharge; or
(b) otherwise disposes of,
solid or liquid livestock waste into any channel, ditch, public sewer, reservoir, saline waters, spring, watercourse, well for potable use or public place otherwise than in accordance with Part III commits an offence and shall be liable to a fine of $5,000.
(3) If a person is convicted of an offence under this Part and that offence is a continuing offence, such person shall, in addition to the penalties which may be imposed under paragraph (1) or (2), be liable to a fine of $250 for each day on which the offence continues.
Defences
11. In any proceedings for an offence under this Part it shall be a defence for the person charged-
(a) in the case of a failure to comply with regulation 8(2)-
(i) that the commission of the offence was due to the breakdown of a livestock waste treatment plant caused by circumstances beyond the control of that person;
(ii) that the breakdown was reported to the Director within a period of 48 hours; and
(iii) that the person charged or any other person under his control took all reasonable measures and exercised all due diligence to repair that plant and to bring it back into operation; or
(b) in any other case-
(i) that the commission of the offence was due to some cause beyond his control; and
(ii) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any other person under his control.
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