Section 38Part 6 — ENFORCEMENT AND PENALTIES
Penalties
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38. (1) Where no punishment is specifically prescribed under this Law a person who commits an offence under this Law is liable on conviction to a fine of five hundred thousand dollars or to imprisonment for a term of four years or to both.
Where a person has been convicted of any offence under this Law, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order in addition to any other punishment that may be imposed under this Law having any or all of the following effects —
prohibiting the offender from doing any act or engaging in any activity that may result in the continuation or repetition of the offence;
disqualifying the offender from holding any licence or permit under this Law either permanently or for such period of time as the court considers appropriate;
directing the offender to take such action as the court considers appropriate to remedy or avoid any harm to the environment or to any natural resources that results or may result from the act or omission that constituted the offence;
directing the offender to compensate the Crown, in whole or in part, for the cost of any remedial or preventative action taken by or on behalf of the Council or the Director as a result of the act or omission that constituted the offence;
directing the offender to perform community service in a protected area or in furtherance of the conservation of a protected species;
directing the offender to post such bond or pay such amount of money into court as will ensure compliance with any order made pursuant to this section; and
forfeiting to the Crown any specimen that was the subject of the offence and any vehicle or vessel or any noxious substance, firearm, speargun, trap, net or other article or equipment in respect of or by means of which the offence was committed. Section 39 National Conservation Law, 2013 Page 44 Law 24 of 2013 c
In making an order under subsection (2) forfeiting a vessel or a vehicle, the court may in the order specify a sum, not exceeding its market value, on the payment of which to the Crown the owner of the vessel or vehicle may recover ownership of it.
Where the court makes an order under subsection (2) directing the offender to pay compensation to the Crown, the costs constitute a debt to the Crown and may be recovered as such in any court of competent jurisdiction.