s. s. 38 38A (6) Costs and expenses recoverable under this section may be recovered in the course of criminal proceedings in respect of the discharge or may be recovered in any court of competent jurisdiction as a debt due to the authority or body even if no proceedings have been taken in respect of the discharge. (7) Despite anything to the contrary in this section, if a person is convicted of an offence under section 36(3), the appropriate authority or public statutory body or the Minister (as the case requires) may, if it, he or she thinks fit, recover the costs and expenses as provided in this section from the person so convicted instead of from the person from whom they might otherwise have been recoverable under this section. (8) Proceedings under this section are in addition to and not in derogation of any proceedings which may be taken apart from this section. (9) In this section means S. 38(9) prohibited discharge inserted by prohibited discharge within the meaning of No. 46/1991 section 34 and includes— s. 40. (a) a discharge of a liquid substance or any mixture containing a liquid substance within the meaning of section 14 of the Pollution of Waters by Oil and Noxious Substances Act 1986; and (b) a discharge or disposal of any other substance, the discharge or disposal of which is prohibited by that Act. 38A Recovery of costs of analysis S. 38A inserted by No. 46/1991 (1) In this section, in relation to an work conducted s. 41. appropriate authority or public statutory body,
(6) Costs and expenses recoverable under this section may be recovered in the course of criminal proceedings in respect of the discharge or may be recovered in any court of competent jurisdiction as a debt due to the authority or body even if no proceedings have been taken in respect of the discharge. (7) Despite anything to the contrary in this section, if a person is convicted of an offence under section 36(3), the appropriate authority or public statutory body or the Minister (as the case requires) may, if it, he or she thinks fit, recover the costs and expenses as provided in this section from the person so convicted instead of from the person from whom they might otherwise have been recoverable under this section. s. 38 (8) Proceedings under this section are in addition to and not in derogation of any proceedings which may be taken apart from this section. S. 38(9) inserted by No. 46/1991 s. 40. (9) In this section prohibited discharge means prohibited discharge within the meaning of section 34 and includes— (a) a discharge of a liquid substance or any mixture containing a liquid substance within the meaning of section 14 of the Pollution of Waters by Oil and Noxious Substances Act 1986; and (b) a discharge or disposal of any other substance, the discharge or disposal of which is prohibited by that Act. S. 38A inserted by No. 46/1991 s. 41. s. 38A 38A Recovery of costs of analysis (1) In this section, work conducted in relation to an appropriate authority or public statutory body,
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