Operations by Department regarding pollution of water

(1) Without prejudice to regulation 29, where it appears to the Department that any poisonous, noxious or polluting matter is likely to enter, or is, or was present in any waters, the Department may, after consultation with any agency or department of Government having functions in relation to water and water resources, carry out such operations as it considers appropriate to prevent entry or remedying or mitigating any pollution caused, or restoring the waters, so far as is reasonably practical to do so, to the state in which the water were prior to (2) Any expenditure reasonably incurred by the Department in carrying out operations in accordance with subregulation (1) are, subject to subregulation (3), recoverable by the Department as a debt against the person who caused or permitted the poisonous, noxious or polluting matter, as the case may be, to be present at the place from which it was likely in the opinion of the Department to enter waters or, as the case may be, to be present in such waters; and accordingly, without prejudice to any penalty imposable on such person or persons, such sums 110 Environmental Protection may be recoverable in a District Court, without limit of amount, as a civil debt. (3) A person shall not be liable to pay for any sums expended by the Department pursuant to this regulation if he satisfies the court that such sums were incurred unnecessarily. (4) Any person who wilfully obstructs the Department or any person authorized in that behalf in the exercise of its powers under this Regulation commits an offence under this Act and shall be liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year.