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Environment (Wales) Act 2016, Cross Heading: Costs recovery is up to date with all changes known to be in force on or before 06 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Prospective
9(1)If carrier bag regulations make provision under paragraph 4, they may confer on an administrator the power by notice to require a person on whom a discretionary requirement is imposed to pay the costs incurred by the administrator in relation to the imposition of the discretionary requirement up to the time of its imposition.E+W
(2)In sub-paragraph (1), the reference to costs includes (among other things)—
(a)investigation costs;
(b)administration costs;
(c)costs of obtaining expert advice (including legal advice).
(3)Carrier bag regulations that make provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served—
(a)the notice specifies the amount required to be paid;
(b)the administrator may be required to provide a detailed breakdown of that amount;
(c)the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred;
(d)the person required to pay costs may appeal against—
(i)the decision of the administrator to impose the requirement to pay costs;
(ii)the decision of the administrator as to the amount of those costs.
(4)Provision under this paragraph may include the provision referred to in paragraph 8(1)(b) and (c) and (2).
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