Environment (Wales) Act 2016

Prospective

Discretionary requirements E+W

4 (1) Carrier bag regulations may confer on an administrator the power by notice to impose one or more discretionary requirements on a person who breaches the regulations. E+W

(2) The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred.

(3) For the purposes of this Schedule, a “discretionary requirement” means—

(a) a requirement to pay a monetary penalty to an administrator of such amount as the administrator may determine, or

(b) a requirement to take such steps as an administrator may specify, within such period as the administrator may specify, to secure that the breach does not continue or recur.

(4) In this Schedule—

• “variable monetary penalty” (“cosb ariannol amrywiadwy”) means a requirement referred to in sub-paragraph (3)(a), and

• “non-monetary discretionary requirement” (“gofyniad yn ôl disgresiwn nad yw'n un ariannol”) means a requirement referred to in sub-paragraph (3)(b).

(5) Carrier bag regulations must, in relation to each kind of breach of the regulations for which a variable monetary penalty may be imposed—

(a) specify the maximum penalty that may be imposed for a breach of that kind, or

(b) provide for that maximum to be determined in accordance with the regulations.

(6) The regulations may not permit discretionary requirements to be imposed on a person on more than one occasion in relation to the same act or omission.