(1) A person shall not construct or operate a nuclear waste storage facility in the State or use any place in the State for the storage or disposal of nuclear waste.

(2) A person who contravenes subsection (1) shall be guilty of an offence and punishable by a fine not exceeding $500 000.

(3) Subsection (1) does not apply if the construction or operation, or the use of the place ¾

(i) results from an emergency situation; and

(ii) is for the purpose of preventing danger to human life or health, or irreversible damage to the environment, arising from that situation.

(4) Proceedings for a contravention of subsection (1) are to be dealt with by a court constituted by a magistrate.

[Section 7 amended by No. 2 of 2004 s. 9.]