Conditions to be set by Department

(1) The Department may approve an environmental impact assessment or a limited level environmental study subject to such conditions as may be specified by the Department, including a requirement for the Developer to sign an Environmental Compliance Plan (ECP) that meets the approval of the Committee, containing the conditions specified by the Department, and the payment of an environmental monitoring fee. (2) The Developer shall, notwithstanding any other legal obligation, not proceed with the undertaking, project, programme or activity until and unless the Developer has signed an environmental compliance plan and received environmental clearance from the Department. (3) Any person who carries out an undertaking, programme, project or activity in breach of any condition laid out under subregulation (1) commits an offence, and apart from the Department revoking the ECP, is liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for six months or to both such fine and imprisonment. (4) Any person who carries out an undertaking, programme, project or activity in breach of subregulation (2) commits an offence and is liable on summary conviction to a fine not less than five thousand dollars and not exceeding twenty-five thousand dollars or to imprisonment for two years or to both such fine and imprisonment. (5) The payment of an environmental monitoring fee shall not be required if– (a) the developer is a public agency; or (b) where the project is for the public good. Environmental Protection 23