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The Environmental Civil Sanctions (Wales) Order 2010

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 4

SCHEDULE 5Offences

In the following table—

  • “FMP” is a fixed monetary penalty;

  • “VMP” is a variable monetary penalty;

  • “CN” is a compliance notice;

  • “RN” is a restoration notice;

  • “SN” is a stop notice;

  • “EU” is an enforcement undertaking.

    Provision creating an offenceFMPVMPCNRNSNEU
    Salmon and Freshwater Fisheries Act 1975(1)
    section 2(1)NoYesNoNoNoNo
    section 2(2)NoYesNoNoNoNo
    section 2(4)NoYesNoYesYesYes
    section 4(1)NoYesNoYesYesYes
    section 5(4)NoYesNoYesYesYes
    section 9(2)NoYesNoYesNoYes
    section 12(1)NoYesNoYesYesYes
    section 12(3)NoYesNoYesYesYes
    section 13(2)NoYesNoYesYesYes
    section 14(8)NoYesNoYesYesYes
    section 15(2)NoYesNoYesYesYes
    section 18(1)NoYesNoNoNoNo
    section 27NoYesNoNoNoNo
    section 31(2)NoYesNoNoNoNo
    Salmon Act 1986(2)
    section 32NoYesNoNoNoNo
    Environmental Protection Act 1990(3)
    section 33(6)NoNoNoNoYesNo
    section 71(3)NoYesNoNoNoNo
    Water Resources Act 1991(4)
    section 24(4)(a)YesYesYesYesYesYes
    section 24(4)(b)YesYesYesYesYesYes
    section 25(2)(a)YesYesYesYesYesYes
    section 25(2)(b)YesYesYesYesYesYes
    section 25CNoYesNoNoNoNo
    section 80(1)YesYesYesYesYesYes
    section 80(2)YesYesYesYesYesYes
    section 161D(1)NoYesNoNoNoNo
    section 199(4)NoYesNoNoNoNo
    section 201(3)NoYesNoNoNoNo
    section 202(4)NoYesNoNoNoNo
    section 206(1)NoYesNoNoNoNo
    section 206(3)NoYesNoNoNoNo
    section 206(3A)NoYesNoNoNoNo
    section 206(4)NoYesNoNoNoNo
    Schedule 20, paragraph 7NoYesNoNoNoNo
    Water Industry Act 1991(5)
    section 120(9)YesYesYesYesNoYes
    section 130(7)YesYesYesYesNoYes
    section 133(5)NoYesNoYesNoNo
    section 135A(2)(a)NoYesNoNoNoNo
    Land Drainage Act 1991(6)
    section 53(2)NoYesNoNoNoNo
    section 64(6)NoYesNoNoNoNo
    section 69(4)NoYesNoNoNoNo
    Environment Act 1995(7)
    section 110(1)NoYesNoNoNoNo
    section 110(2)(a)NoYesNoNoNoNo
    section 110(2)(b)NoYesNoNoNoNo
    section 110(2)(c)NoYesNoNoNoNo
    section 110(3)NoYesNoNoNoNo
    Water Act 2003(8)
    section 4(4)NoYesNoNoNoNo
(1)

1975 c. 51; section 2(1) was amended by the Marine and Coastal Access Act 2009 (c. 23), section 216(1), (2)(a) and (b); section 2(2) was amended by the Marine and Coastal Access Act 2009, section 216(1), (3)(a) and (b); section 4(1) was amended by the Marine and Coastal Access Act 2009, section 321, Schedule 22, Part 5 (B); section 14(8) was substituted by the Environment Act 1995 (c. 25), section 105, Schedule 15, paragraph 13; section 15(2) was amended by the Environment Act 1995, section 105, Schedule 15, paragraph 14(2); section 27 was amended by the Marine and Coastal Access Act 2009, section 233(1), Schedule 16, paragraphs 1 and 11.

(2)

1986 c. 62; section 32 was amended by the Marine and Coastal Access Act 2009, sections 229 and 321, Schedule 22, Part 5(B).

(3)

1990 c. 43; section 33(6) was amended by the Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), regulations 73, 74(2), Schedule 21, Part 1, paragraphs 2, 4(1), (5) and Schedule 23; section 71(3) was amended by the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 46(2)(b) and by the Environment Act 1995, sections 112, 120, Schedule 19, paragraph 4(2) and Schedule 24.

(4)

1991 c. 57; section 25(2)(b) was amended by the Water Act 2003 (c. 37), sections 2(1), (3), 101(2) and Schedule 9, Part 1; section 25C was inserted by the Water Act 2003, section 30; section 80(1) was amended by the Environment Act 1995, section 120, Schedule 22, paragraph 141(a); section 80(2) was amended by the Environment Act 1995, section 120, Schedule 22, paragraphs 141(b) and (c); section 161D was inserted by the Environment Act 1995, section 120, Schedule 22, paragraph 162; section 199(4) was amended by the Water Act 2003, sections 8(1) and (5)(b); section 201(3) was substituted by the Water Act 2003, section 70; section 202(4) was amended by the Environment Act 1995, section 120, Schedule 22, paragraphs 128 and 172(1); section 206(1) was substituted by the Environment Act 1995, section 112, Schedule 19, paragraph 5(2) and was amended by the Water Act 2003, section 101(1), Schedule 7, Part 1, paragraphs 1 and 11; section 206(3A) was inserted by the Environment Act 1995, section 112, Schedule 19, paragraph 5(4); Schedule 20, paragraph 7 was amended by the Environment Act 1995, section 120, Schedule 22, paragraph 188.

(5)

1991 c. 56; section 120(9) was substituted by the Environment Act 1995, section 120, Schedule 22, paragraph 105(4); section 130(7) was substituted by the Environment Act 1995, section 120, Schedule 22, paragraph 108(3); section 133(5) was substituted by the Environment Act 1995, section 120, Schedule 22, paragraph 111; section 135A(2)(a) was inserted by the Environment Act 1995, section 120, Schedule 22, paragraph 113.

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