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Waste and Emissions Trading Act 2003

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26Penalties under Chapter 1: general
This section has no associated Explanatory Notes

(1)Where a waste disposal authority in an allocating authority’s area is liable to a penalty under this Chapter—

(a)the amount of the penalty is that specified by, or calculated under, regulations made by the allocating authority under subsection (3);

(b)the penalty, and any interest on it, is to be paid to the allocating authority; and

(c)the allocating authority may—

(i)extend the time for paying the whole or part of the penalty or any interest on it;

(ii)relieve the waste disposal authority, in whole or in part, from liability to the penalty or any interest on it.

(2)Relief under subsection (1)(c) may be given—

(a)in respect of an amount after (as well as before) it becomes due;

(b)in a particular case or in cases of a particular description;

(c)unconditionally or subject to conditions.

(3)An allocating authority may, as regards penalties under this Chapter to which waste disposal authorities in its area are liable, by regulations—

(a)make provision specifying the amounts of penalties or rules for calculating their amounts;

(b)make provision as to when payments in respect of penalties are due;

(c)make provision for interest where payments in respect of penalties are due but unmade;

(d)make provision for recovering or setting off, and securing, unpaid amounts in respect of penalties or interest.

(4)Provision under subsection (3) relating to supplementary penalties under section 9(3) or (4) in respect of waste sent to landfills in a scheme year may be made after the end of that year.

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