Explanatory Notes

Waste (Wales) Measure 2010

8

Commentary on Sections

Section 14 – Civil sanctions in respect of site waste management plans

68.This section allows the Welsh Ministers to enable enforcement authorities to impose civil sanctions in relation to offences committed under site waste management plan regulations, as an alternative to prosecution of those offences in the criminal courts. The approach follows that taken at section 10 in relation to landfill offences. In particular, the proposed Measure modifies section 49(1) of Regulatory Enforcement and Sanctions Act 2008 to enable the civil sanctions regime in relation to Site Waste Management Plans to comply with the Government of Wales Act 2006 limit on maximum penalties. However, that limit does not apply to site waste management plans offences in the same way that it applies to landfill offences, and therefore section s39(4) and 42(6) of the 2008 Act are not disapplied.