The Household Waste Duty of Care (Fixed Penalties) (Wales) Regulations 2019
| Jurisdiction | Wales |
| Citation | SI 2019/331 (W81) |
| Year | 2019 |
2019 No. 331 (W. 81)
Environmental Protection, Wales
The Household Waste Duty of Care (Fixed Penalties) (Wales) Regulations 2019
Made 20th February 2019
Coming into force in accordance with regulation 1(2)
The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the prevention, reduction and management of waste1and make these Regulations in exercise of the powers conferred by that section2.
In accordance with section 59(3) of the Government of Wales Act 20063a draft of these Regulations was laid before and approved by a resolution of the National Assembly for Wales.
Title, commencement and extent
1.—(1) The title of these Regulations is the Household Waste Duty of Care (Fixed Penalties) (Wales) Regulations 2019.
(2) These Regulations come into force on the day after the day on which they are made.
(3) These Regulations extend to England and Wales.
Amendment of the Environmental Protection Act 1990
2.—(1) Part II of the Environmental Protection Act 1990 (waste on land)4is amended as follows.
(2) After section 34ZA (fixed penalty notices: offences under section 34(6) relating to section 34(2A): England)5insert—
“Fixed penalty notices: offences under section 34(6) relating to section 34(2A): Wales
34ZB.—(1) This section applies where it appears to an enforcement authority in Wales that a person has failed to comply with the duty relating to the transfer of household waste in section 34(2A)6in Wales.
(2) The authority may give to that person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.
(3) An authority may not give a person a notice under subsection (2) if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence.
(4) Where a waste collection authority (A) gives a notice to a person under subsection (2) in relation to a failure to comply with the duty in section 34(2A) that took place in the area of another waste collection authority (B), A must, at the time of giving the notice, give a copy of the notice to B.
(5) Where the Natural Resources Body for Wales gives a notice to a person under subsection (2), the Body must, at the time of giving the notice, give a copy of the notice to the waste collection authority in whose area the failure to comply with the duty in section 34(2A) took place.
(6) Where a person is given a notice under subsection (2) in respect of an offence—
(a)
(a) no proceedings may be instituted for that offence before the end of the period of 14 days following the date of the notice; and
(b)
(b) the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.
(7) The fixed penalty payable to an enforcement authority under this section is £300.
(8) An enforcement authority may make provision in a notice given under subsection (2) for treating the fixed penalty as having been paid if a lesser amount of £150 is paid before the end of the period of 10 days following the date of the notice.
(9) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
(10) A notice under this section must also—
(a)
(a) state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6);
(b)
(b) state the date on or before which, by virtue of subsection (6)(b), payment of the fixed penalty must be made in order to discharge any liability to conviction for the offence;
(c)
(c) state the amount of the fixed penalty;
(d)
(d) if the enforcement authority makes provision under subsection (8)—
(i) state the lesser amount, the payment of which is treated, by virtue of that subsection...
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