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The Environmental Civil Sanctions (Wales) Order 2010
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Criminal proceedings
9.—(1) If—
(a)a variable monetary penalty, compliance notice or restoration notice is imposed on any person, or
(b)a third party undertaking is accepted from any person,
that person may not at any time be convicted of the offence in respect of the act or omission giving rise to the variable monetary penalty, compliance notice, restoration notice or third party undertaking except in a case referred to in sub-paragraph (2).
(2) The case referred to in sub-paragraph (1) is a case where—
(a)a restoration notice or compliance notice is imposed on a person or a third party undertaking is accepted from a person,
(b)no variable monetary penalty is imposed on that person, and
(c)that person fails to comply with the restoration notice, compliance notice or third party undertaking.
(3) Criminal proceedings for offences triable summarily to which a notice or undertaking in sub-paragraph (2) relates may be instituted at any time up to six months from the date when the regulator notifies the person that such person has failed to comply with that notice or undertaking.
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