Environment (Wales) Act 2016

Enforcement

68 Civil sanctions

(1) For the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (c. 13) (“RESA 2008”), the offences under sections 34D and 45AA of the Environmental Protection Act 1990 (as inserted by sections 65 and 66) are to be treated as having been contained in that Act immediately before the day on which RESA 2008 was passed.

(2) Section 10 of the Waste (Wales) Measure 2010 is amended as follows.

(3) In the title, for “the deposit of waste in a landfill” substitute “offences created by regulations under sections 9 and 9A”.

(4) In subsection (1), after “9(1)” insert “or 9A(1)”.

(5) In subsection (2), for “Regulations under section 9(1) may” substitute “The power may be exercised to”.

(6) For subsection (3) substitute—

“(3) But sections 39(4) and 42(6) of RESA 2008 do not apply to the provision that may be made by regulations under section 9(1) or 9A(1) by virtue of subsection (2).”

(7) In subsection (4), for “to provision made under or by virtue of regulations under subsection (2) as they apply to provision” substitute “where regulations under section 9(1) or 9A(1) make provision by virtue of subsection (2) as they apply where provision is”.

(8) In subsection (6), after “9(1)” insert “or 9A(1) (as appropriate)”.