Out-of-court settlement

(1) Where an offence under this Act or any regulations made thereunder has been committed and it appears to the Chief Environmental Officer that having regard to the nature of the evidence and all other circumstances it would be reasonable and expedient to make an out-of-court settlement, he may, after seeking legal advice and with the prior approval of the Minister, make a settlement in lieu of commencing or continuing court proceedings, and in every such case the amount to be paid under the settlement shall also include all reasonable expenses the Government may have incurred in the seizure, storage, 61 maintenance or removal of any article seized in connection with the offence. (2) In any proceedings brought against a person in respect of an alleged offence under this Act or any regulations made thereunder, it shall be a defence for such a person to prove that he or she has paid the agreed amount under an out-of-court settlement in respect of such offence. (3) The Chief Environmental Officer shall submit to the Chief Executive Officer of the Ministry quarterly reports of all offences in respect of which out-of-court settlements were made under sub-section (1).