Section 85: Offences

85. Offences (1) Any person who— (a) fails to comply with any requirement, notice, order or direction issued, or condition imposed, under an environmental law; (b) on being required to submit a report, or to provide information under this Act— (i) fails to do so within the specified date; or (ii) submits a false report or submits a report misleading in any material particular; or (iii) provides false or misleading information; (c) fails to acknowledge or evades service of any notice, order or direction issued under this Act, or any regulations made under this Act; (d) otherwise contravenes an environmental law, shall commit an offence, and unless it is otherwise specifically provided, shall— (i) on a first conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years; (ii) on a second or subsequent conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 8 years. [Issue 2] E12 – 50 Revised Laws of Mauritius (2) Any person who commits an offence under section 15 (8), 25 (3) (a), 52 (3), 56 (6), 71 (4), 72 (5) or 73 (2) shall— (a) on a first conviction, be liable to a fine which shall be not less than 50,000 rupees and not more than 100,000 rupees and to imprisonment for a term not exceeding 4 years; (b) on a second or subsequent conviction, be liable to a fine which shall not be less than 100,000 rupees and to not more than 500,000 rupees and to imprisonment for a term not less than 6 years and not exceeding 12 years. (3) Any person who commits an offence under section 23 (9), 24 (4), 26 (5) or 84 (3), shall— (a) on a first conviction, be liable to a fine which shall be not less than 10,000 rupees and not more than 25,000 rupees and to imprisonment for a term not exceeding 4 years; (b) on a second or subsequent conviction, be liable to a fine which shall not be less than 50,000 rupees and not more than 250,000 rupees and to imprisonment for a term not less than 6 years and not more than 8 years. [S. 85 amended by s. 29 of Act 6 of 2008 w.e.f. 15 July 2008.]