(1)  A person does not incur liability for prosecution in respect of an act or omission –

(a) in respect of which a person is required to prepare and submit a draft environmental improvement programme under section 39 if that person complies with that requirement; or

(b) that is authorised by an environmental improvement programme during the period over which the programme is to be carried out.

(2)  A person who contravenes a requirement contained in an environmental improvement programme is guilty of an offence.

Penalty:  Fine not exceeding 2 500 penalty units or imprisonment for a term not exceeding 4 years, or both.