Waters Protection Act (WPA)

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In The Matter OfWaters Protection Act (WPA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 70 Misdemeanours

1 The penalty shall be a custodial sentence of up to three years or a monetary penalty for any person who wilfully: a. unlawfully discharges into waters substances which may pollute water directly or indirectly, allows them to infiltrate waters or stores or spreads them outside waters in such a way as to create a water pollution risk (Art. 6); b. in their capacity as the person responsible for an installation which contains liquids which may pollute water does not take the steps in terms of structures and equipment required by this Act or does not keep these in working condition and thereby pollutes water or creates a pollution risk (Art. 22); c. does not maintain the required water endowment laid down by the authorities or does not take the required measures for water protection below a point of withdrawal (Art. 35); d. unlawfully artificially reinforces or unlawfully corrects watercourses (Art. 37); e. covers or culverts a watercourse without a permit or contrary to the conditions of

Para. 1 — Amended by No II 2 of the FA of 19 March 2010, in force since 1 Aug. 2010 (AS 2010 3233; BBl 2009 5435). Para. 2 — Amended by No II 2 of the FA of 19 March 2010, in force since 1 Aug. 2010 (AS 2010 3233; BBl 2009 5435).

Art. 71 Contraventions

1 The penalty shall be a fine of up to 20,000 francs for any person who wilfully: a. contravenes this Act in any other way; b. contravenes an individual order that is communicated to them and includes a specific reference to the penalties mentioned in this Article. 2 In cases of negligence, the penalty shall be a fine. 3 Aiding and abetting is also an offence. 4 …

Para. 1 — Amended by No II 2 of the FA of 19 March 2010, in force since 1 Aug. 2010 (AS 2010 3233; BBl 2009 5435). Para. 4 — Repealed by No II 2 of the FA of 19 March 2010, with effect from 1 Aug. 2010 (AS 2010 3233; BBl 2009 5435).

Art. 72 Application of the Criminal Code

Where a violation of this Act also constitutes an offence under Article 234 of the Swiss Criminal Code, only the latter provision applies. In all other cases, the criminal provisions of this Act apply concomitantly with those of the Criminal Code.

SR 311.0

Art. 73 Application of administrative criminal law

Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law applies by analogy to offences under this Act.

SR 313.0