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… or negligently, is guilty of an offence: Tier 1 penalty. (2) A person who harms an aquifer or waterfront land is guilty of an offence: Tier 2 penalty. (4) In this section, "harm" , in relation to an …

… c. Scale of use; d. Potential environmental benefit or penalty of substitute materials or activities; e. Advances …

… and may, at this point, seek the imposition of periodic penalty payments up to the point in time when the member …