Commentary on Sections Part 6 – Civil enforcement, emergency powers and further offences Section 88 – Variable monetary penalties: criminal proceedings and conviction
This section sets out that regulations made under section 86(1) must provide for a reservoir manager’s immunity from further proceedings when a variable monetary penalty is imposed or when the Department accepts an undertaking under section 87(5). This immunity would not apply to an undertaking in the circumstances where an undertaking was accepted, and the reservoir manager did not comply with the undertaking (whether or not a variable monetary penalty was also imposed). The regulations as to variable monetary penalties may extend the period in which criminal proceedings may be instituted against the reservoir manager where an undertaking was accepted and the reservoir manager did not comply with it.