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The Environmental Civil Sanctions (Miscellaneous Amendments) (Wales) Regulations 2010

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Title, application and commencement

1.  The title of these Regulations is the Environmental Civil Sanctions (Miscellaneous Amendments) (Wales) Regulations 2010; they apply in relation to Wales and come into force on 15 July 2010.

Amendment to the Sludge (Use in Agriculture) Regulations 1989

2.  The Sludge (Use in Agriculture) Regulations 1989 (1) are amended by inserting the following after regulation 10—

Civil sanctions, Wales

11.(1) The Environment Agency may impose a fixed monetary penalty, variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9 for contravening a provision in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (Wales) Order 2010.

Table of civil sanctions

Provision of these RegulationsFixed monetary penaltyVariable monetary penaltyRestoration noticeCompliance noticeStop noticeEnforcement undertaking
regulation 3NoYesYesYesYesYes
regulation 4YesYesNoNoYesYes
regulation 5YesYesNoNoNoYes
regulation 6(1)NoYesNoYesNoYes
regulation 7(1)NoYesNoYesNoYes
regulation 7(2)YesYesNoYesNoYes
regulation 8(3)(a)NoYesNoNoYesYes
regulation 8(3)(b)NoYesYesNoYesYes
regulation 8(4)NoYesYesNoYesYes

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

(4) This regulation applies only in Wales..

Amendment to the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000

3.  The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000(2) are amended by inserting the following after regulation

Civil sanctions, Wales

13B.(1) The Environment Agency may impose a fixed monetary penalty, variable monetary penalty or compliance notice, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (Wales) Order 2010.

Table of civil sanctions

Offence under these RegulationsFixed monetary penaltyVariable monetary penaltyCompliance noticeEnforcement undertaking
regulation 13(1)YesYesYesYes
regulation 13(2)(a)YesYesYesYes
regulation 13(2)(b)YesYesNoYes
regulation 13(2)(c)(i)YesYesNoYes
regulation 13(2)(c)(ii)YesYesNoYes
regulation 13(2)(c)(iii)YesYesNoYes
regulation 13(3)YesYesNoYes
regulation 13(4)(a)NoYesNoNo
regulation 13(4)(b)NoYesNoNo
regulation 13(4)(c)NoYesNoNo

“(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

(4) This regulation applies only in Wales..

Amendment to the Hazardous Waste (Wales) Regulations 2005

4.  The Hazardous Waste (Wales) Regulations 2005(3) are amended by inserting the following after regulation 65—

Civil sanctions

65A.(1) The Environment Agency may impose a variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 68 or under regulation 65 for a failure to comply with a provision (other than regulation 68) in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (Wales) Order 2010.

Table of civil sanctions

Offence under these RegulationsVariable monetary penaltyRestoration noticeCompliance noticeStop noticeEnforcement undertaking
regulation 19YesYesYesYesYes
regulation 20YesYesYesYesYes
regulation 22YesNoNoNoYes
regulation 34YesNoYesNoYes
regulation 35YesNoYesNoYes
regulation 36YesNoYesNoYes
regulation 37YesNoYesNoYes
regulation 38YesNoYesNoYes
regulation 39YesNoYesNoYes
regulation 40YesNoYesNoYes
regulation 41YesNoYesNoYes
regulation 42YesNoYesNoYes
regulation 43YesNoYesNoYes
regulation 44YesNoYesNoYes
regulation 46 and Schedule 7YesNoYesNoYes
regulation 47YesNoYesNoYes
regulation 48YesNoYesNoYes
regulation 49YesNoYesNoYes
regulation 50YesNoYesNoYes
regulation 51YesNoYesNoYes
regulation 53YesNoNoNoYes
regulation 54YesNoNoNoYes
regulation 55YesNoNoNoNo
regulation 62YesYesYesYesNo
regulation 68YesNoNoNoNo

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations..

Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007

5.  The Producer Responsibility Obligations (Packaging Waste) Regulations 2007(4) are amended by inserting the following after regulation 40A—

Civil sanctions, Wales

40B.(1) The Environment Agency may impose a fixed monetary penalty or variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (Wales) Order 2010.

Table of civil sanctions

Offence under these RegulationsFixed monetary penaltyVariable monetary penaltyEnforcement undertaking
regulation 40(1)(a)YesYesYes
regulation 40(1)(b)NoYesYes
regulation 40(1)(c)YesNoNo
regulation 40(3)NoYesYes
regulation 40(7)NoYesNo
regulation 40(8)(a)NoYesYes
regulation 40(8)(b)YesNoNo

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

(4) This regulation applies only in Wales..

Jane Davidson

Minister for Environment, Sustainability and Housing, one of the Welsh Ministers

14 July 2010

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