in or in connection with any exercise of the powers conferred by subsection (1)— (a) if the discharge occurs or is likely to occur S. 38(3)(a) amended by from any place on land, from the occupier of No. 78/2011 that place; or s. 45(1)(a). (b) if the discharge occurs or is likely to occur S. 38(3)(b) amended by from any vessel, from the owner of that No. 78/2011 vessel; or s. 45(1)(a). (c) if the discharge occurs or is likely to occur S. 38(3)(c) amended by from any apparatus, from the person in No. 78/2011 charge of the apparatus. s. 45(1). (4) The Minister may reimburse a public statutory S. 38(4) amended by body for the costs and expenses incurred by it in Nos 77/2001 or in connection with any exercise of the powers s. 31(1)(b), 78/2011 conferred by subsection (1) if the Minister is s. 45(2). satisfied that the action taken by the public statutory body was reasonable or if the action was taken with the approval of, or at the request of, the Minister. (5) If the Minister reimburses a public statutory body under subsection (4), the Minister may recover the costs and expenses in accordance with subsection (3) as if those costs and expenses had been incurred by the Minister in or in connection with an exercise of the powers conferred by subsection (1). (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. * * * * * S. 38(7) repealed by No. 55/2017 s. 41.
in or in connection with any exercise of the powers conferred by subsection (1)— S. 38(3)(a) amended by No. 78/2011 s. 45(1)(a). (a) if the discharge occurs or is likely to occur from any place on land, from the occupier of that place; or S. 38(3)(b) amended by No. 78/2011 s. 45(1)(a). (b) if the discharge occurs or is likely to occur from any vessel, from the owner of that vessel; or S. 38(3)(c) amended by No. 78/2011 s. 45(1). (c) if the discharge occurs or is likely to occur from any apparatus, from the person in charge of the apparatus. S. 38(4) amended by Nos 77/2001 s. 31(1)(b), 78/2011 s. 45(2). (4) The Minister may reimburse a public statutory body for the costs and expenses incurred by it in or in connection with any exercise of the powers conferred by subsection (1) if the Minister is satisfied that the action taken by the public statutory body was reasonable or if the action was taken with the approval of, or at the request of, the Minister. (5) If the Minister reimburses a public statutory body under subsection (4), the Minister may recover the costs and expenses in accordance with subsection (3) as if those costs and expenses had been incurred by the Minister in or in connection with an exercise of the powers conferred by subsection (1). (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. S. 38(7) repealed by No. 55/2017 s. 41. * * * * *
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