2021 Georgia Code
Title 12 - Conservation and Natural Resources
Chapter 4 - Mineral Resources and Caves
Article 2 - Mining and Drilling
Part 3 - Surface Mining
§ 12-4-84. Criminal Penalty

Any person who engages in surface mining in violation of this part or who willfully misrepresents any fact in any matter required by this part or willfully gives false information in any application or report required by this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 nor more than $1,000.00 for each offense. Each day of noncompliance after notification shall be considered a separate offense.

(Ga. L. 1968, p. 9, § 11.)

OPINIONS OF THE ATTORNEY GENERAL

Legislative purpose.

- This part does not indicate with clarity a legislative purpose to impose criminal liability on a corporation. 1970 Op. Att'y Gen. No. 70-155 (see O.C.G.A. § 12-4-70 et seq.).

- When a corporate agent has either committed the offense in all the offense's elements and particulars or has intentionally aided or abetted the corporate principal in the commission of the crime in all the crime's particulars and elements, the agent is a party to the offense and punishable as such. 1970 Op. Att'y Gen. No. 70-155.

Corporations will be criminally responsible for acts or omissions constituting violations of this part if, but only if, the activities constituting the crime were authorized, requested, commanded, performed, or recklessly tolerated by either the board of directors or by an officer or other agent of comparable authority acting within the scope of authority on behalf of the corporation. 1970 Op. Att'y Gen. No. 70-155.

Only feasible method for charging corporations with crimes is through the return of an indictment by a grand jury. 1970 Op. Att'y Gen. No. 70-155.

Department is not authorized to invoke aid of equity in restraint of unlicensed surface mining. 1970 Op. Att'y Gen. No. 70-103.

RESEARCH REFERENCES

C.J.S.

- 58 C.J.S., Mines and Minerals, § 424 et seq.