The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2008

CitationSI 2008/663 (W71)

2008 No. 663 (W.71)

ENVIRONMENTAL PROTECTION, WALES

The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2008

Made 9th March 2008

Laid before the National Assembly for Wales 10th March 2008

Coming into force 7th April 2008

The Welsh Ministers are, in relation to Wales, the appropriate person as defined in1

(a) section 11(1) of the Refuse Disposal (Amenity) Act 19782, for the purpose of exercising the powers conferred by section 2A(11) of that Act;

(b) section 9(1) of the Control of Pollution (Amendment) Act 19893, for the purpose of exercising the powers conferred by section 5B(12) of that Act;

(c) section 29(1A)(b) of the Environmental Protection Act 19904, for the purpose of exercising the powers conferred by sections 34A(12) and 47ZB(4) and (5) of that Act;

(d) section 98(1A)(b) of the Environmental Protection Act 19905, for the purpose of exercising the powers conferred by sections 88(11) and 97A(1), (2) and (4) of that Act;

(e) section 11(2A)(b) of the Noise Act 19966, for the purpose of exercising the powers conferred by section 8A(4) and (5) of that Act;

(f) section 47(1) of the Anti-social Behaviour Act 20037, for the purpose of exercising the powers conferred by sections 43A(4) and (5) and 47(4) of that Act;

(g) section 9(2) of the Clean Neighbourhoods and Environment Act 20058, for the purpose of exercising the powers conferred by section 6(11) of that Act;

(h) section 66(b) of the Clean Neighbourhoods and Environment Act 2005, for the purpose of exercising the powers conferred by sections 59(12) and 60(4) and (5) of that Act;

(i) in section 81(1) of the Clean Neighbourhoods and Environment Act 2005, for the purpose of exercising the powers conferred by section 74(4) and (5) of that Act.

The Welsh Ministers in exercise of the powers conferred upon them by section 67(1) of the Clean Neighbourhoods and Environment Act 2005 and the powers cited in sub-paragraphs (a) to (i) above, make the following Regulations:

S-1 Title commencement and application

Title commencement and application

1.—(1) The title of these Regulations is the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2008.

(2) These Regulations come into force on 7 April 2008.

(3) These Regulations apply in relation to Wales.

S-2 Prescribed ranges of fixed penalties

Prescribed ranges of fixed penalties

2.—(1) The amount of a fixed penalty capable of being specified by—

(a)

(a) a principal litter authority in Wales under section 88(6A)(a) of the Environmental Protection Act 19909;

(b)

(b) a principal litter authority in Wales under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 199010;

(c)

(c) a relevant local authority in Wales under section 43(A)(1)(a) of the Anti-social Behaviour Act 2003;

(d)

(d) a primary authority or a secondary authority in Wales under section 60(1)(a) of the Clean Neighbourhoods and Environment Act 2005 in relation to any dog control order made by that authority;

(e)

(e) a local authority in Wales under section 74(2)(a) of the Clean Neighbourhoods and Environment Act 2005,

must not be less than £75 and not more than £150.

(2) The amount of a fixed penalty capable of being specified by—

(a)

(a) a waste collection authority in Wales under section 47ZB(2)(a) of the Environmental Protection Act 1990;

(b)

(b) a principal litter authority in Wales under section 94A(4)(a) of the Environmental Protection Act 199011;

(c)

(c) a local authority in Wales under section 8A(2)(a) of the Noise Act 1996

must not be less than £100 and not more than £150.

(3) An authority acting under more than one of the provisions cited in paragraph (1) or (2) may specify a different amount under each such provision.

S-3 Lesser amounts of fixed penalties

Lesser amounts of fixed penalties

3.—(1) Where—

(a)

(a) a litter authority in Wales acting under section 88(7) of the Environmental Protection Act 199012;

(b)

(b) a principal litter authority in Wales acting under paragraph 7(5) of Schedule 3A to the Environmental Protection Act 1990;

(c)

(c) a local authority in Wales acting under section 43A(3) of the Anti-social Behaviour Act 2003;

(d)

(d) a primary authority or a secondary authority in Wales acting under section 60(3) of the Clean Neighbourhoods and Environment Act 2005;

(e)

(e) a local authority in Wales acting under section 74(3) of the Clean Neighbourhoods and Environment Act 2005,

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, that lesser amount must not be less than £50.

(2) Where—

(a)

(a) a waste collection authority in Wales acting under section 47ZB(3) of the Environmental Protection Act 1990;

(b)

(b) a principal litter authority in Wales acting under section 94A(5) of the Environmental Protection Act 1990;

(c)

(c) a local authority in Wales acting under section 8A(3) of the Noise Act 1996;

(d)

(d) a local authority acting under section 6(10) of the Clean Neighbourhoods and Environment Act 2005,

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, that lesser amount must not be less than £60.

(3) Where a local authority acting under section 2A(10) of the Refuse Disposal (Amenity) Act 197813makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, that lesser amount must not be less than £120.

(4) Where—

(a)

(a) a regulation authority acting under section 5B(11) of the Control of Pollution (Amendment) Act 198914;

(b)

(b) an enforcement authority acting under section 34A(11) of the Environmental Protection Act 199015,

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, that lesser amount must not be less than £180.

S-4 Condition to be satisfied by a person before a secondary authority may authorise that person for the purpose of giving fixed penalty notices

Condition to be satisfied by a person before a secondary authority may authorise that person for the purpose of giving fixed penalty notices

4. The condition to be satisfied by a person before a secondary authority may authorise that person in writing for the purpose of giving notices under—

(a) section 88 of the Environmental Protection Act 1990;

(b) section 43(1) of the Anti-social Behaviour Act 2003;

(c) section 59 of the...

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