An owner of land who is given a notice under section 35 commits an offence if, without reasonable excuse, the owner fails to carry out the operations required by the notice within the period specified in the notice or, if that period is extended under section 39, within the extended period.

A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine.

A contravention of subsection (1) by the Crown does not make the Crown criminally liable (but see section 28(3) of the Legislation (Wales) Act 2019 (anaw 4) regarding the liability of persons in the service of the Crown).